Nassor v. U.S. Department of Education

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 6/1/2018 ORDERING hearing re 9 Motion to Dismiss CONTINUED to 6/20/2018 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 6/6/2018. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY NASSOR,

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No. 2:18-cv-00250-JAM-AC (PS)

Plaintiff,
v.

ORDER

U.S. DEPARTMENT OF EDUCATION,
Defendant.

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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 May 3, 2018, defendant filed a motion to dismiss

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plaintiff’s case. ECF No. 9. The hearing on the motion was set for June 13, 2018. Id. Plaintiff

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has not responded to the 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(i) 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 June 13, 2018 is CONTINUED to June 20, 2018, at
10:00 a.m. in Courtroom No. 26;
2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to the

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motion, no later than June 6, 2018. Failure to file an opposition or to appear at the

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

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

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Procedure 41(b).

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DATED: June 1, 2018

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