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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAY FIELDING,

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Plaintiff,

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No. 2:17-cv-01614 TLN AC (PS)

v.

ORDER

AMTRAK,

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Defendants.

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Plaintiff is 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 August 8, 2017, defendant filed a motion to dismiss.

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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

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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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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;

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2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to the

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motion, no later than September 13, 2017. Failure to file an opposition or to

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appear at the hearing will be deemed as a statement of non-opposition and shall

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result in a recommendation that this action be dismissed pursuant to Federal Rule

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of Civil Procedure 41(b).

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DATED: August 31, 2017

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