Crawford v. Cave et al
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 6/7/11 ORDERING the hearing date of 6/16/11 on dfts' motion to dismiss is VACATED; the hearing is RE-SET for 7/14/2011 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Carlos, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AUBREY CRAWFORD,
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Plaintiff,
No. CIV 2:11-cv-0852-GEB-JFM (PS)
vs.
WILLIAM CAVE, et al.,
Defendants.
ORDER
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This action was referred to the undersigned pursuant to Local Rule 302(c)(21).
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On April 6, 2011, defendants Dennis Gilmore and First American Loanstart Trustee Services
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filed a motion to dismiss. On April 18, 2011, defendants William Cave and US Bank National
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Association filed a motion to dismiss. Finally, on May 2, 2011, defendants Mark Oman and
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Wells Fargo Bank N.A. filed a motion to dismiss. All three motions are scheduled to be heard on
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June 16, 2011. No opposition to the motions to dismiss has been filed.
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Local Rule 230(c) provides that opposition to the granting of a motion must be
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filed fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party
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will be entitled to be heard in opposition to a motion at oral arguments if written opposition to
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the motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides that
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failure to appear may be deemed withdrawal of opposition to the motion or may result in
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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be
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grounds for imposition of any and all sanctions authorized by statute or Rule or within the
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inherent power of the Court.”
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. The hearing date of June 16, 2011 is vacated. Hearing on defendants’ motions
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to dismiss is continued to July 14, 2011 at 11:00 a.m. in courtroom no. 26.
2. Plaintiff shall file opposition, if any, to the motions to dismiss, no later than
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June 30, 2011. Failure to file opposition and appear at the hearing will be deemed as a statement
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of non-opposition and shall result in a recommendation that this action be dismissed pursuant to
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Federal Rule of Civil Procedure 41(b).
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DATED: June 7, 2011.
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/014;craw0852.nooppo
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