Avila v. McMahon et al

Filing 50

ORDER signed by Magistrate Judge Allison Claire on 12/7/18 CONTINUING the 12/19/18 hearing for 48 Motion to Dismiss and 49 Motion to Strike to 1/9/2019 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file an opposition or statement of non-opposition to each motion by 12/26/18. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ANTHONY AVILA,

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Plaintiff,

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

v.

ORDER

M.D. McMAHON, et al.,

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Defendants.

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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 November 13, 2018, defendant filed a motion to

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dismiss (ECF No. 48) and a motion to strike (ECF No. 49). Plaintiff has not responded to either

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motion.

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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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Good cause appearing, IT IS HEREBY ORDERED that:
1. The motion hearing date of December 19, 2018 is CONTINUED to January 9,
2019, at 10:00 a.m. in Courtroom No. 26;
2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to each

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motion, no later than December 26, 2018. 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).

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DATED: December 7, 2018

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