Fielding v. Amtrak

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 9/8/2017 ORDERING 4 Defendant's Motion to Dismiss Hearing is Reset for 10/4/2017 at 10:00 AM in Courtroom 4 before Magistrate Judge Allison Claire; Opposition due by 9/20/2017; the Clerk of Court shall serve upon plaintiff defendant's motion to dismiss. (Reader, L)

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

v.

ORDER

AMTRAK,
Defendant.

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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 September 7, 2017, plaintiff filed a document

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designated a motion to compel. ECF No. 7. Upon review of the content of this motion, the

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undersigned construes it as a request for service. Plaintiff asserts that she has not received a copy

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of defendant’s motion to dismiss, which was filed on August 8, 2017 at ECF No. 4. ECF No. 7 at

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1-2. In order to ensure plaintiff’s receipt of the motion, the Clerk of Court is hereby ORDERED

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to serve defendant’s motion to dismiss, ECF No. 4, upon plaintiff.

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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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In order to allow plaintiff adequate time to respond to the motion to dismiss, the court will

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continue the motion hearing. The hearing will now take place on October 4, 2017 at 10 a.m. At

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this hearing the court will address the motion to dismiss as well as discuss some of the basic

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aspects of appearing in federal court as a self-represented litigant. Plaintiff has indicated that she

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is unsure of what to do with the consent or decline magistrate jurisdiction form. The court will

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discuss the difference between magistrate judges and district court judges at the hearing on

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defendant’s motion to dismiss.
Finally, plaintiff indicates that she is seeking attorney representation. The court notes that

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until representation is secured, plaintiff is required to adhere to all deadlines and follow the

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Federal Rules of Civil Procedure and this Court’s Local Rules, located at

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http://www.caed.uscourts.gov/caednew/assets/File/EDCA%20Local%20Rules%20Effective%204

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-1-2017.pdf, as a self-represented. See Local Rule 183(a).

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Good cause appearing, IT IS HEREBY ORDERED that:
1. The motion hearing date of September 27, 2017 is CONTINUED to October, 4,
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 20, 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); and

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3. The Clerk of Court shall serve upon plaintiff defendant’s motion to dismiss,
located at ECF No. 4.
DATED: September 8, 2017

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