Ortiz v. Enhanced Recovery Company

Filing 16

ORDER signed by Magistrate Judge Deborah Barnes on 7/24/17: Hearing as to 10 Motion to Strike is continued to 8/4/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Defendant may file a reply to plaintiff's untimely July 20, 2017 opposition 15 on or before July 28, 2017. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENE ORTIZ,

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No. 2:17-cv-0607 KJM DB PS
Plaintiff,

v.

ORDER

ENHANCED RECOVERY COMPANY,
Defendant.

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Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
On June 8, 2017, defendant filed a motion to strike and noticed that motion for hearing

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before the undersigned on July 28, 2017. (ECF No. 10.) Pursuant to Local Rule 230(c) plaintiff

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was to file an opposition or statement of non-opposition to defendant’s motion “not less than

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fourteen (14) days preceding the noticed . . . hearing date.” Plaintiff, however, filed an untimely

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opposition on July 20, 2017. (ECF No. 15.)

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Plaintiff is advised that any individual representing himself or herself without an attorney

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is nonetheless bound by the Federal Rules of Civil Procedure, the Local Rules, and all applicable

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law. See Local Rule 183(a). A party’s failure to comply with applicable rules and law may be

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grounds for dismissal or any other sanction appropriate under the Local Rules. Id. Because

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plaintiff’s failure to file a timely opposition may have denied the defendant an opportunity to file
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a timely reply the undersigned will continue the hearing of defendant’s motion to strike.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 28, 2017 hearing of defendant’s motion to strike (ECF No. 10) is continued to

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Friday, August 4, 2017, at 10:00 a.m., at the United States District Court, 501 I Street,

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Sacramento, California, in Courtroom No. 27, before the undersigned; and

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2. Defendant may file a reply to plaintiff’s untimely July 20, 2017 opposition (ECF No.

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15) on or before July 28, 2017.

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Dated: July 24, 2017

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DLB:6
DB/orders/orders.pro se/ortiz0607.cont.hrg

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