Ortiz v. Diversified Consultants, Inc.
ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/17: The June 1, 2017 hearing on Motion to dismiss is VACATED. Request to appear telephonically at the hearing is DENIED WITHOUT PREJUDICE as moot. Plaintiff shall file an opposition or statement of non-opposition to the motion no later than June 8, 2017.(Kaminski, H)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:17-cv-713-TLN-KJN PS
DIVERSIFIED CONSULTANTS, INC.
Presently pending before the court is defendant’s motion to dismiss, which was noticed
for hearing on June 1, 2017. (ECF Nos. 3, 6.) Pursuant to Local Rule 230(c), plaintiff was
required to file an opposition or statement of non-opposition to that motion no later than fourteen
(14) days prior to the hearing, i.e., by May 18, 2017. E.D. Cal. L.R. 230(c). Although that
deadline has passed, the court’s records reveal that no opposition or statement of non-opposition
to the motion was filed.
The court has considered whether the case should be dismissed or other sanctions imposed
based on plaintiff’s failure to oppose the motion and comply with the Local Rules. Nevertheless,
in light of plaintiff’s pro se status, and the court’s desire to resolve the action on the merits, the
court finds it appropriate to provide plaintiff with an additional, final opportunity to oppose the
dingly, IT IS HEREBY ORDERED that:
1. The June 1, 2017 hearing on defendant motion to dismiss is V
unsel’s requ to appea telephonic
cally at that h
hearing is DE
REJUDICE as moot.
aintiff shall file an oppos
sition or stat
tement of non-opposition to the moti no later
tha June 8, 20
3. An reply brief by defenda shall be d no later than June 22 2017.
4. Thereafter, the motion will be submitte for decisi on the record and wr
briefing pursua to Local Rule 230(g) If the cour subsequen determin that
pplemental briefing or or argument is necessar the partie will be not
ilure to timely file an op
pposition or s
statement of non-opposition to the m
smiss will be construed as plaintiff’s consent to d
dismissal of the action a will
res in dismis of the ac
ction with pr
suant to Fed
deral Rule of Civil
IT IS SO ORDERE
ated: May 24, 2017
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