(PS)Giddens v. Solano County et al
Filing
42
ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/2019 CONTINUING Hearing on 38 Motion to Dismiss to 11/6/2019, at 10:00 AM, in Courtroom 8 (EFB), before Magistrate Judge Edmund F. Brennan. Defendants may file a reply to plaintiff's opposition on or before 10/23/2019. (York, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
RICHARD GIDDENS,
12
13
14
No. 2:19-cv-0019-KJM-EFB PS
Plaintiff,
v.
ORDER
SOLANO COUNTY, et al.,
15
Defendants.
16
17
Defendants filed a motion to dismiss plaintiff’s first amended complaint pursuant to
18
Federal Rule of Civil Procedure12(b)(6), which they noticed for hearing on October 9, 2019.
19
ECF No. 38. Local Rule 230(c) provides that opposition to the granting of a motion, or a
20
statement of non-opposition thereto, must be served upon the moving party, and filed with this
21
court, no later than fourteen days preceding the noticed hearing date or, in this instance, by
22
September 25, 2019. The moving party may file a reply to any opposition not less than seven
23
days before the hearing. E.D. Cal. L.R. 230(d).
24
Plaintiff filed an opposition to defendants’ motion, but he did not file it until October 4,
25
2019. By waiting to file his opposition until less than a week before the hearing, he has deprived
26
defendants of an opportunity to respond to the arguments raised in his opposition. Accordingly,
27
the hearing on defendants’ motion will be continued to allow them to file a reply to plaintiff’s
28
opposition.
1
1
Accordingly, it is hereby ORDERED that:
2
1. The hearing on defendants’ motion to dismiss is continued to November 6, 2019 at
3
4
5
10:00 a.m. in Courtroom No. 8.
2. Defendants may file a reply to plaintiff’s opposition on or before October 23, 2019.
DATED: October 7, 2019.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?