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Parks v. Board of Trustees of the California State University

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


September 17, 2009

JOE PARKS, PLAINTIFF,
v.
BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, PAUL BEARE, JOHN WELTY, JANETTE REDD-WILLIAMS, JANICE PARTEN, JERI ECHEVERRIA, AND DOES 1-50, DEFENDANTS.

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

ORDER TAKING DEFENDANTS' MOTION TO DISMISS UNDER SUBMISSION

Defendants have noticed for hearing and decision a motion to dismiss. The matter was scheduled for hearing to be held on September 28, 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 September 14, 2009. Plaintiff has not done 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 Local Rule 78-230(c). Plaintiff is further not entitled to be heard at oral argument in opposition to the motion. Id. 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 HERBY ORDERED that the previously set hearing date of September 28, 2009, is VACATED, and no party shall appear at that time. As of September 28, 2009, the court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED.

20090917

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