Sustainable Pavement Technologies, LLC v. Holiday et al

Filing 65

ORDER signed by Magistrate Judge Kendall J. Newman on 1/29/2019 VACATING the 2/7/2019 hearing on plaintiff's 62 motion for default judgment. Any opposition shall be filed no later than 2/25/2019, and any reply brief is due 3/4/2019. Plaintiff shall promptly serve a copy of this order on defendant Rich Holiday at his last-known address, and file a proof of service. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

SUSTAINABLE PAVEMENT
TECHNOLOGIES, LLC,
Plaintiff,

13

ORDER
v.

14
15

No. 2:17-cv-02687-WBS-KJN

RICH HOLIDAY, et al.,
Defendants.

16
17

Presently pending before the court is plaintiff’s motion for default judgment against

18
19

defendant Rich Holiday, which is set for hearing on February 7, 2019. (ECF Nos. 62, 64.)

20

Pursuant to Local Rule 230(c), defendant was required to file an opposition or statement of non-

21

opposition to the motion no later than fourteen (14) days prior to the hearing date, i.e., by January

22

24, 2019. Although that deadline has passed, no opposition or statement of non-opposition was

23

filed.
Out of an abundance of caution, and in light of the court’s desire to resolve the action on

24
25

the merits, the court provides defendant with one additional, final opportunity to oppose the

26

motion. Accordingly, IT IS HEREBY ORDERED that:

27

////

28

////
1

1

1. The February 7, 2019 hearing on plaintiff’s motion for default judgment is

2

VACATED. The court takes this matter under submission on the papers without oral

3

argument, pursuant to Local Rule 230(g). On its own motion, the court will

4

reschedule a hearing at a future date, if necessary

5
6
7

2. Any opposition shall be filed no later than February 25, 2019, and any reply brief is
due March 4, 2019.
3. Defendant Rich Holiday is cautioned that failure to respond to the motion in

8

compliance with this order will be deemed to be his consent to a summary grant of the

9

motion, and may result in the imposition of a default judgment against him.

10
11
12
13

4. Plaintiff shall promptly serve a copy of this order on defendant Rich Holiday at his
last-known address, and file a proof of service.
IT IS SO ORDERED.
Dated: January 29, 2019

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2