Avila v. McMahon et al

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 5/1/18: HEARING as to 4 Motion to Dismiss RESET for 5/23/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file an opposition or a Statement of Non-Opposition to the motion, no later than May 9, 2018. (Kaminski, H)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

DAVID ANTHONY AVILA,

11
12
13
14

No. 2:18-cv-00163 JAM AC PS

Plaintiff,
v.

ORDER

M.D. McMAHON, et al.,
Defendants.

15
16

Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

17

undersigned by Local Rule 302(c)(21). On February 22, 2018, defendant County of San Joaquin

18

filed a motion to dismiss. ECF No. 4. Following a request from the County to re-set the hearing,

19

the hearing on the motion was set for May 9, 2018. ECF No. 10 and 18. Plaintiff has not

20

responded to the motion.

21

Local Rule 230(c) provides that opposition to the granting of a motion must be filed

22

fourteen days preceding the noticed hearing date. The Local Rule further provides that “[n]o

23

party will be entitled to be heard in opposition to a motion at oral arguments if written opposition

24

to the motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides

25

that failure to appear may be deemed withdrawal of opposition to the motion or may result in

26

sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

27

grounds for imposition of any and all sanctions authorized by statute or Rule or within the

28

inherent power of the Court.”
1

1
2
3
4

Good cause appearing, IT IS HEREBY ORDERED that:
1. The motion hearing date of May 9, 2018 is CONTINUED to May 23, 2018, at
10:00 a.m. in Courtroom No. 26;
2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to the

5

motion, no later than May 9, 2018. Failure to file an opposition or to appear at the

6

hearing will be deemed as a statement of non-opposition and shall result in a

7

recommendation that this action be dismissed pursuant to Federal Rule of Civil

8

Procedure 41(b).

9

DATED: May 1, 2018

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2