(PS) Smith Jr. v. Baker et al

Filing 27

ORDER signed by Magistrate Judge Allison Claire on 3/6/2025 VACATING the 3/19/2025 hearing date and DIRECTING Plaintiff to SHOW CAUSE within 14 days, why the failure to respond to the pending motions should not result in a recommendation that this case be dismissed for failure to prosecute. (Deputy Clerk VLK)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COURTNEY SMITH JR.,

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Plaintiff,

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v.

No. 2:24-cv-01029 DJC AC (PS)

ORDER

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NATHAN P. BAKER, et al.,

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Defendants.

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On January 28, 2025, defendants Nathan P. Baker and Capital One Auto Finance each

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filed a motion to strike set to be heard on March 19, 2025. ECF Nos. 23, 24. Pursuant to Local

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Rule 230(c), plaintiff was required to file an opposition or notice of non-opposition within 14

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days of the motion being filed. In this case, the relevant deadline was February 11, 2025.

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Plaintiff did make any filing by the deadline. On February 13, 2025, defendants filed notices of

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non-opposition. ECF Nos. 25, 26. Plaintiff did not file an opposition or statement of non-

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opposition to either motion to strike and has taken no other action in this case.

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Good cause appearing, IT IS HEREBY ORDERED that the hearing date of March 19,

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2025 is VACATED with respect to each motion, to be re-set as necessary. Plaintiff shall show

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cause, in writing, within 14 days, why the failure to respond to the pending motions should not

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result in a recommendation that this case be dismissed for failure to prosecute. The filing of an

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opposition or statement of non-opposition in response to each motion within this timeframe will
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serve as cause and will discharge this order. If plaintiff fails to respond, the court will

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recommend dismissal of this case for failure to prosecute pursuant to Local Rule 110.

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IT IS SO ORDRED.
DATED: March 6, 2025

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