Ransom v. Sacramento Housing Redeveloping Agency et al

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 11/21/2017 CONTINUING hearings on 7 , 8 , and 15 Motions, to 12/13/2017, at 10:00 AM, in Courtroom 26 (AC), before Magistrate Judge Allison Claire. Plaintiff shall file an opposition or a Statement of Non-Opposition to each pending motion no later than 11/29/2017. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLINTON RANSOM,

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No. 2:17-cv-01366 TLN AC (PS)

Plaintiff,
v.

ORDER

SACRAMENTO HOUSING
REDEVELOPING AGENCY, et al.,
Defendants.

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Plaintiff, who has been granted in forma pauperis status, is proceeding in this action pro

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se. The action was accordingly referred to the undersigned by Local Rule 302(c)(21). On

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October 4, 2017, defendant Volunteers of America and defendant Gretchen Angele each filed a

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motion for a more definite statement. ECF Nos. 7 and 8. Also pending is a motion to dismiss, set

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for hearing on November 29, 2017, brought by defendant Sacramento Housing Redeveloping

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Agency. ECF No. 15. Plaintiff did not respond to the motions, and the court has already re-set

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the hearing on the motions once. ECF No. 16. The current hearing date for all pending motions

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is November 29, 2017. Id. Plaintiff has not responded to any motion, but the court did receive a

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notice of change of address from plaintiff on November 7, 2017. ECF No. 18.

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Local Rule 230(c) provides that opposition to the granting of a motion must be filed
fourteen days preceding the noticed hearing date. The Local Rule further provides that “[n]o
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party will be entitled to be heard in opposition to a motion at oral arguments if written opposition

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

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

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”

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Although the court already re-set the motion once, in light of plaintiff’s changed address

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and out of an abundance of caution, the court will re-set the date one final time to give plaintiff a

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final opportunity to respond.

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Good cause appearing, IT IS HEREBY ORDERED that:
1. The motion hearing date of for both motions for a more definite statement (ECF

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Nos. 7 and 8) is CONTINUED to December 13, 2017, at 10:00 a.m. in Courtroom

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No. 26;

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2. The motion to dismiss (ECF No. 15) will also be heard on December 13, 2017, at
10 a.m. in Courtroom No. 26;
3. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to each

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pending motion (ECF No. 7, 8, and 15), no later than November 29, 2017. Failure

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to file an opposition or to appear at the hearing will be deemed as a statement of

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non-opposition and may result in a recommendation that this action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: November 21, 2017

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