IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 22, 2009
GREGORY WOOD, PLAINTIFF,
AEGIS WHOLESALE CORPORATION ET AL., DEFENDANTS.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
ORDER VACATING HEARING DATE OF JUNE 1, 2009, AND TAKING MATTER UNDER SUBMISSION
Defendant MTC Financial, Inc., dba Trustee Corps has noticed for hearing and decision a motion to dismiss complaint against MTC Financial, Inc., dba Trustee Corps for failure to state a claim upon which relief may be granted. The matter was scheduled for hearing to be held on June 1, 2009. Pursuant to Local Rule 78-230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later than May 21, 2009. 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 Defendant's 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 June 1, 2009, is VACATED, and no party shall appear at that time. As of June 1, 2009, the court will take the matter under submission, and will thereafter issue its decision.
IT IS SO ORDERED.
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