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Rock v. Decision One Mortgage

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 10, 2008

THE ROCK, AN ARIZONA CORPORATION, PLAINTIFF,
v.
DECISION ONE MORTGAGE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER VACATING HEARING DATE OF DECEMBER 15, 2008 AND TAKING MATTER UNDER SUBMISSION

Defendant Decision One Mortgage Company has noticed for hearing and decision a motion to dismiss the complaint. The matter was scheduled for hearing to be held on December15, 2008. Pursuant to Local Rule 78-230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later than December 1, 2008. Plaintiff failed to do so.

Due to Plaintiff's failure to file a timely opposition or notice of non-opposition, he is in violation of the Local Rules. See 78-230(c). Plaintiff is further not entitled to be heard at oral argument in opposition to the motion. See 78-230(c). The court has reviewed Defendants' motion and the applicable law, and has determined that the motion is suitable for decision without oral argument. See Local Rule 78-230(h).

Therefore, IT IS HEREBY ORDERED that the previously set hearing date of December 15, 2008, is VACATED, and no party shall appear at that time. As of December 15, 2008, the court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED.

20081210

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