Awadan et al v. Reebok Corporate Headquarter

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 07/27/17 ORDERING that the hearing on the 10 Amended Motion to Dismiss is CONTINUED to 8/16/2017 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; plaintiff shall file a n opposition or a Statement of Non-Opposition to the motion, by 08/02/17. Failure to file an opposition or to appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FAIZAL AWADAN and SHAINAZ
AWADAN,
Plaintiffs,

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ORDER
v.

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No. 2:17-cv-1148 KJM AC (PS)

REEBOK CORPORATE
HEADQUARTER, also known as Reebok
International Ltd.,
Defendant.

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Plaintiffs are proceeding in this action pro se. The action was accordingly referred to the

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undersigned by Local Rule 302(c)(21). On June 9, 2017, defendant filed a motion to dismiss.

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ECF No. 10. Plaintiffs submitted a response on June 19, 2017. ECF No. 14. Plaintiffs’ response

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does not address the substance of defendant’s motion to dismiss. Instead, it asks the court to

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remand the case because three defendants, other than the named defendant, are not diverse. Id. at

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2. This filing was not properly noted as a motion for remand, and the deadline to move for

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remand has now expired. 28 U.S.C. § 1447. Incidentally, the court notes that there is only one

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named defendant in this case, Reebok International Ltd., and plaintiffs admit that this defendant is

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diverse. Id.

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Plaintiffs did not submit a proper response to defendant’s motion addressing the substance

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of defendant’s argument. Local Rule 230(c) provides that opposition to the granting of a motion

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must be filed fourteen days preceding the noticed hearing date. The Local Rule further provides

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that “[n]o party will be entitled to be heard in opposition to a motion at oral arguments if written

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opposition to the motion has not been timely filed by that party.” In addition, Local Rule 230(j)

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provides that failure to appear may be deemed withdrawal of opposition to the motion or may

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result in sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules

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“may be grounds for imposition of any and all sanctions authorized by statute or Rule or within

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the inherent power of the Court.”

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Good cause appearing, IT IS HEREBY ORDERED that:
1. The motion hearing date of August 9, 2017 is CONTINUED to August 16, 2017,
at 10:00 a.m. in Courtroom No. 26;
2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to the

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motion, no later than August 2, 2017. Failure to file an opposition or to appear at

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the hearing will be deemed as a statement of non-opposition and shall result in a

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recommendation that this action be dismissed pursuant to Federal Rule of Civil

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Procedure 41(b); and

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3. Failure to comply with the Federal Rules of Civil Procedure, this court’s Local
Rules, and this order may result in dismissal of this case.
DATED: July 27, 2017.

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