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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLINTON RANSOM, 12 13 14 15 16 No. 2:17-cv-01366 TLN AC (PS) Plaintiff, v. ORDER SACRAMENTO HOUSING REDEVELOPING AGENCY, et al., Defendants. 17 18 Plaintiff, who has been granted in forma pauperis status, is proceeding in this action pro 19 se. The action was accordingly referred to the undersigned by Local Rule 302(c)(21). On 20 October 4, 2017, defendant Volunteers of America and defendant Gretchen Angele each filed a 21 motion for a more definite statement. ECF Nos. 7 and 8. Also pending is a motion to dismiss, set 22 for hearing on November 29, 2017, brought by defendant Sacramento Housing Redeveloping 23 Agency. ECF No. 15. Plaintiff did not respond to the motions, and the court has already re-set 24 the hearing on the motions once. ECF No. 16. The current hearing date for all pending motions 25 is November 29, 2017. Id. Plaintiff has not responded to any motion, but the court did receive a 26 notice of change of address from plaintiff on November 7, 2017. ECF No. 18. 27 28 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 1 1 party will be entitled to be heard in opposition to a motion at oral arguments if written opposition 2 to the motion has not been timely filed by that party.” In addition, Local Rule 230(j) provides 3 that failure to appear may be deemed withdrawal of opposition to the motion or may result in 4 sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be 5 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 6 inherent power of the Court.” 7 Although the court already re-set the motion once, in light of plaintiff’s changed address 8 and out of an abundance of caution, the court will re-set the date one final time to give plaintiff a 9 final opportunity to respond. 10 11 Good cause appearing, IT IS HEREBY ORDERED that: 1. The motion hearing date of for both motions for a more definite statement (ECF 12 Nos. 7 and 8) is CONTINUED to December 13, 2017, at 10:00 a.m. in Courtroom 13 No. 26; 14 15 16 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 17 pending motion (ECF No. 7, 8, and 15), no later than November 29, 2017. Failure 18 to file an opposition or to appear at the hearing will be deemed as a statement of 19 non-opposition and may result in a recommendation that this action be dismissed 20 pursuant to Federal Rule of Civil Procedure 41(b). 21 DATED: November 21, 2017 22 23 24 25 26 27 28 2

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