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Aubrey Crawford v. William Cave

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


June 7, 2011

AUBREY CRAWFORD, PLAINTIFF,
v.
WILLIAM CAVE, ET AL., DEFENDANTS.

ORDER

This action was referred to the undersigned pursuant to Local Rule 302(c)(21). On April 6, 2011, defendants Dennis Gilmore and First American Loanstart Trustee Services filed a motion to dismiss. On April 18, 2011, defendants William Cave and US Bank National Association filed a motion to dismiss. Finally, on May 2, 2011, defendants Mark Oman and Wells Fargo Bank N.A. filed a motion to dismiss. All three motions are scheduled to be heard on June 16, 2011. No opposition to the motions to dismiss has been filed.

Local Rule 230(c) provides that opposition to the granting of a motion must be filed fourteen days preceding the noticed hearing date. The Rule further provides that "[n]o party will be entitled to be heard in opposition to a motion at oral arguments if written opposition to the motion has not been timely filed by that party." In addition, Local Rule 230(i) provides that failure to appear may be deemed withdrawal of opposition to the motion or may result in sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court."

Good cause appearing, IT IS HEREBY ORDERED that: 1. The hearing date of June 16, 2011 is vacated. Hearing on defendants' motions 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 June 30, 2011. Failure to file opposition and appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

20110607

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