Johnson v. Betti et al
Filing
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ORDER granting defendants' 8 Motion to Dismiss signed by Judge John A. Mendez on 6/30/2011. This action is DISMISSED with prejudice. It is further ordered, w/in 10 days of date of this Order, attorney Scott Johnson must either (1) submit a Statement of Good Cause for failure to comply with Local Rules, or (2) pay sanction in amount of $150.00 to Clerk of Court. (Marciel, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SCOTT N. JOHNSON,
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Plaintiff,
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v.
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PAUL BETTI, Individually and as )
Co-Trustee under that certain
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Betti Family Trust Agreement,
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dated May 21, 2009; DENA M.
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BETTI, Individually and as Co)
Trustee under that certain Betti )
Family Trust Agreement, dated
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May 21,2009,
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Defendants.
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Case No. 2:11-CV-00023-JAM-GGH
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
This matter is before the Court on Defendants’ Paul and Dena
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Betti’s (“Defendants”) Motion to Dismiss (Doc. #8) Plaintiff Scott
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N. Johnson’s (“Plaintiff”) Complaint (Doc. #1) pursuant to Federal
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Rules of Civil Procedure 12(b)(1). Plaintiff did not oppose the
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motion to dismiss.1
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After a careful review of the pleadings submitted herein, the
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Court finds that Plaintiffs’ apartment complex is not a public
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accommodation for the reasons set forth in Defendants’ motion, and
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GRANTS the motion to dismiss.
If Defendants’ wish to bring a
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This matter was determined to be suitable for decision without
oral argument. E.D. Cal. L. R. 230(g). The hearing was originally
scheduled for June 29, 2011.
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motion for attorney’s fees, they may file a motion setting forth
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the legal basis for the fee request, in accordance with the Local
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Rules.
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Furthermore, Eastern District Local Rule 230(c) requires a
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party responding to a motion to file either an opposition to the
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motion or a statement of non-opposition, no less than fourteen (14)
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days preceding the noticed hearing date.
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the Court to impose sanctions for “failure of counsel or of a party
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to comply with these Rules.”
Local Rule 110 authorizes
Plaintiff did not file an opposition
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or statement of non-opposition in response to the motion to
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dismiss.
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Scott N. Johnson, $150.00, unless he shows good cause for his
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failure to comply with the Local Rules.
Therefore, the Court will sanction Plaintiff’s counsel,
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ORDER
For the reasons set forth above, Defendants’ Motion to Dismiss
is GRANTED, WITH PREJUDICE.
It is further ordered, within ten (10) days of the date of
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this Order, attorney Scott N. Johnson must either (1) submit a
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statement of good cause for his failure to comply with the local
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rules, or (2) pay a sanction in the amount of $150.00 to the Clerk
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of the Court.
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IT IS SO ORDERED.
Dated: June 30, 2011
____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE
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