Ortiz v. Diversified Consultants, Inc.

Filing 8

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)

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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-713-TLN-KJN PS
Plaintiff,

v.

ORDER

DIVERSIFIED CONSULTANTS, INC.

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Defendant.

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Presently pending before the court is defendant’s motion to dismiss, which was noticed

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for hearing on June 1, 2017. (ECF Nos. 3, 6.) Pursuant to Local Rule 230(c), plaintiff was

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required to file an opposition or statement of non-opposition to that motion no later than fourteen

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(14) days prior to the hearing, i.e., by May 18, 2017. E.D. Cal. L.R. 230(c). Although that

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deadline has passed, the court’s records reveal that no opposition or statement of non-opposition

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to the motion was filed.

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The court has considered whether the case should be dismissed or other sanctions imposed

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based on plaintiff’s failure to oppose the motion and comply with the Local Rules. Nevertheless,

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in light of plaintiff’s pro se status, and the court’s desire to resolve the action on the merits, the

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court finds it appropriate to provide plaintiff with an additional, final opportunity to oppose the

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motion.
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dingly, IT IS HEREBY ORDERED that:
S
O
Accord

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1. The June 1, 2017 hearing on defendant motion to dismiss is V
o
t’s
o
VACATED, and

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def
fendant’s cou
unsel’s requ to appea telephonic
uest
ar
cally at that h
hearing is DE
ENIED

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WI
ITHOUT PR
REJUDICE as moot.
a

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2. Pla
aintiff shall file an oppos
f
sition or stat
tement of non-opposition to the moti no later
n
ion
tha June 8, 20
an
017.

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3. An reply brief by defenda shall be d no later than June 22 2017.
ny
ant
due
2,

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4. Thereafter, the motion will be submitte for decisi on the record and wr
l
ed
ion
ritten

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briefing pursua to Local Rule 230(g) If the cour subsequen determin that
ant
).
rt
ntly
nes

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sup
pplemental briefing or or argument is necessar the partie will be not
b
ral
t
ry,
es
tified.

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5. Fai
ilure to timely file an op
pposition or s
statement of non-opposition to the m
f
motion to

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dis
smiss will be construed as plaintiff’s consent to d
e
a
dismissal of the action a will
f
and

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res in dismis of the ac
sult
ssal
ction with pr
rejudice purs
suant to Fed
deral Rule of Civil
f

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Pro
ocedure 41(b
b).

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IT IS SO ORDERE
S
ED.
Da
ated: May 24, 2017
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