(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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD GIDDENS,

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No. 2:19-cv-0019-KJM-EFB PS

Plaintiff,
v.

ORDER

SOLANO COUNTY, et al.,

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Defendants.

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Defendants filed a motion to dismiss plaintiff’s first amended complaint pursuant to

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Federal Rule of Civil Procedure12(b)(6), which they noticed for hearing on October 9, 2019.

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ECF No. 38. Local Rule 230(c) provides that opposition to the granting of a motion, or a

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statement of non-opposition thereto, must be served upon the moving party, and filed with this

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court, no later than fourteen days preceding the noticed hearing date or, in this instance, by

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September 25, 2019. The moving party may file a reply to any opposition not less than seven

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days before the hearing. E.D. Cal. L.R. 230(d).

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Plaintiff filed an opposition to defendants’ motion, but he did not file it until October 4,

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2019. By waiting to file his opposition until less than a week before the hearing, he has deprived

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defendants of an opportunity to respond to the arguments raised in his opposition. Accordingly,

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the hearing on defendants’ motion will be continued to allow them to file a reply to plaintiff’s

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opposition.
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Accordingly, it is hereby ORDERED that:

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1. The hearing on defendants’ motion to dismiss is continued to November 6, 2019 at

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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.

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