Corona v. Ramos

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/18 ORDERING that the 4/5/18 hearing is VACATED. Defendant shall file any opposition to Plaintiff's Motion for default judgment no later than 4/16/18, and any reply brief shall be due 4/30/18. No later than 4/16/18, all appearing parties shall file a consent/decline designation to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN CORONA,

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No. 2:17-cv-2064-TLN-KJN
Plaintiff,

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v.

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PEDRO RAMOS,

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ORDER

Defendant.

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Presently pending before the court is plaintiff’s motion for default judgment, which was

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set for hearing on April 5, 2018. (ECF No. 13.) Defendant failed to file an opposition or

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statement of non-opposition to the motion in accordance with Local Rule 230(c). Nevertheless,

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out of an abundance of caution, the court provides defendant with one final opportunity to appear

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and oppose the motion, if he so desires.

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The court’s record also reveals that the appearing parties have not yet indicated whether

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they consent to the jurisdiction of a United States Magistrate Judge for all purposes pursuant to 28

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U.S.C. § 636(c). Importantly, the parties are under no obligation to so consent, but the

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consent/decline designation assists the court in determining how the action should be

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administratively processed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The April 5, 2018 hearing is VACATED.
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2. Defendant shall file any opposition to plaintiff’s motion for default judgment no later

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than April 16, 2018, and any reply brief shall be due April 30, 2018. Thereafter, the

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motion will be submitted for decision on the record and written briefing pursuant to

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Local Rule 230(g). If the court subsequently determines that supplemental briefing or

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oral argument is necessary, the parties will be notified.

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3. Defendant is cautioned that failure to oppose the motion will be deemed to be

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defendant’s consent to granting the motion in full and may result in the entry of a

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default judgment against defendant.

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4. No later than April 16, 2018, all appearing parties shall file a consent/decline

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designation to the jurisdiction of a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(c).

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IT IS SO ORDERED.
Dated: March 27, 2018

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