Callender v. United States Postal Service et al

Filing 39

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/3/18: HEARING as to 19 Motion to Dismiss RESET for 8/1/2018 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff shall file any opposition, or statement of non-opposition, by July 18, 2018. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CECIL CALLENDER, III,

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Plaintiff,

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v.

No. 2:18-cv-00025-JAM-CKD (PS)

ORDER

UNITED STATES POSTAL SERVICE, et
al.,
Defendants.

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Presently pending before the court is defendant National Association of Letter Carriers

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133’s motion to dismiss, which is currently set for hearing before the undersigned on July 11,

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2018 at 10:00 a.m. (ECF No. 19.) Plaintiff, who proceeds pro se, has not yet filed any

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opposition.

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According to Local Rule 230, “[o]pposition, if any, to the granting of [a] motion shall be

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in writing and shall be filed and served not less than fourteen (14) days preceding the noticed (or

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continued) hearing date.” E.D. Cal. L.R. 230(c). Therefore, plaintiff was to provide any

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opposition to the pending motion by June 27, 2018. That deadline has passed without action by

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plaintiff. However, in light of plaintiff’s pro se status, the court will postpone the hearing on this

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motion and grant plaintiff an extension to file an opposition or statement of non-opposition.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing on defendant National Association of Letter Carriers 133’s motion to

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dismiss (ECF No. 19) set for July 11, 2018 is VACATED and RESET for August 1,

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2018 at 10:00 a.m. in Courtroom 24 before the undersigned.

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2. Plaintiff shall file any opposition, or statement of non-opposition, by July 18, 2018.

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Plaintiff is cautioned that failure to file an opposition will result in a recommendation

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that this matter be dismissed.

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Dated: July 3, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/18-25.Callender v. USPS.reset hearing

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