Kraus v. Ubhi et al

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/2019 VACATING the 1/10/2019 hearing on 15 Motion for Default Judgment and CONTINUING the hearing to 2/14/2019 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; ORDERING any opposition to be filed no later than 1/31/2019 and any reply brief due 2/7/2019; and ORDERING Plaintiff to serve a copy of this order on defendants at their last-known address and file a proof of service. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY KRAUS,

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No. 2:18-cv-0558-WBS-KJN
Plaintiff,

v.

ORDER

INDERJIT S. UBHI, et al.,
Defendants.

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Presently pending before the court is plaintiff’s motion for default judgment, which is set

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for hearing on January 10, 2019. (ECF Nos. 15, 17.) Pursuant to Local Rule 230(c), defendants

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were required to file an opposition or statement of non-opposition to the motion no later than

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fourteen (14) days prior to the hearing date, i.e., by December 27, 2018. Although that deadline

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has passed, no opposition or statement of non-opposition was filed.

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

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merits, the court provides defendants with one additional, final opportunity to oppose the motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The January 10, 2019 hearing on plaintiff’s motion for default judgment is

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VACATED and CONTINUED to February 14, 2019, at 10:00 a.m., in Courtroom No.

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25 before Judge Newman.
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2. Any opposition shall be filed no later than January 31, 2019, and any reply brief is due
February 7, 2019.
3. Defendants are cautioned that failure to respond to the motion in compliance with this

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order will be deemed to be their consent to a summary grant of the motion, and may

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result in the imposition of a default judgment against defendants.

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4. Plaintiff shall promptly serve a copy of this order on defendants at their last-known
addresses, and file a proof of service.
Dated: January 3, 2019

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