Fielding v. Amtrak

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 8/31/17: Hearing as to 4 Motion to Dismiss CONTINUED to 9/27/2017 at 10:00 AM in Courtroom 4 before Magistrate Judge Allison Claire. Plaintiff shall file an opposition or a Statement of Non-Opposition to the motion, no later than September 13, 2017. (Kaminski, H)

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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 KAY FIELDING, 12 Plaintiff, 13 14 No. 2:17-cv-01614 TLN AC (PS) v. ORDER AMTRAK, 15 Defendants. 16 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 17 18 undersigned by Local Rule 302(c)(21). On August 8, 2017, defendant filed a motion to dismiss. 19 ECF No. 4. Plaintiff has not responded to the motion. Local Rule 230(c) provides that opposition to the granting of a motion must be filed 20 21 fourteen days preceding the noticed hearing date. The Local Rule further provides that “[n]o 22 party will be entitled to be heard in opposition to a motion at oral arguments if written opposition 23 to the motion has not been timely filed by that party.” In addition, Local Rule 230(j) provides 24 that failure to appear may be deemed withdrawal of opposition to the motion or may result in 25 sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be 26 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 27 inherent power of the Court.” 28 //// 1 1 2 3 Good cause appearing, IT IS HEREBY ORDERED that: 1. The motion hearing date of September 13, 2017 is CONTINUED to September 27, 2017, at 10:00 a.m. in Courtroom No. 4; 4 2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to the 5 motion, no later than September 13, 2017. Failure to file an opposition or to 6 appear at the hearing will be deemed as a statement of non-opposition and shall 7 result in a recommendation that this action be dismissed pursuant to Federal Rule 8 of Civil Procedure 41(b). 9 DATED: August 31, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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