Filed: May 11, 2018
Latest Update: May 11, 2018
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Plaintiffs Mark Eddy and Bobbie Eddy are proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. 636(b)(1). On March 22, 2018, and March 23, 2018, defendants filed motions to dismiss. (ECF Nos. 16 & 20.) Those motions are noticed for hearing before the undersigned on May 18, 2018. Pursuant to Local Rule 230(c) plaintiffs were to file opposition or a statement of non-oppos
Summary: ORDER DEBORAH BARNES , Magistrate Judge . Plaintiffs Mark Eddy and Bobbie Eddy are proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. 636(b)(1). On March 22, 2018, and March 23, 2018, defendants filed motions to dismiss. (ECF Nos. 16 & 20.) Those motions are noticed for hearing before the undersigned on May 18, 2018. Pursuant to Local Rule 230(c) plaintiffs were to file opposition or a statement of non-opposi..
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ORDER
DEBORAH BARNES, Magistrate Judge.
Plaintiffs Mark Eddy and Bobbie Eddy are proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On March 22, 2018, and March 23, 2018, defendants filed motions to dismiss. (ECF Nos. 16 & 20.) Those motions are noticed for hearing before the undersigned on May 18, 2018. Pursuant to Local Rule 230(c) plaintiffs were to file opposition or a statement of non-opposition to defendants' motions "not less than fourteen (14) days preceding the noticed . . . hearing date." Plaintiffs, however, have failed to file a timely opposition or statement of non-opposition.
The failure of a party to comply with the Local Rules or any order of the court "may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." Local Rule 110. Any individual representing himself or herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be grounds for dismissal or any other sanction appropriate under the Local Rules. Id.
In light of plaintiffs' pro se status, and in the interests of justice, the court will provide plaintiffs with an opportunity to show good cause for their conduct along with a final opportunity to oppose defendants' motions.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiffs show cause in writing within fourteen days of the date of this order as to why this case should not be dismissed for lack of prosecution1;
2. The May 18, 2018 hearing of defendants' motions to dismiss (ECF Nos. 16 & 20) is continued to Friday, June 22, 2018, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No. 27, before the undersigned;
3. On or before June 8, 2018, plaintiffs shall file a statement of opposition or non-opposition to defendants' motions to dismiss; and
4. Plaintiffs are cautioned that the failure to timely comply with this order may result in a recommendation that this case be dismissed.
