Ellison Framing, Inc. v. Zurich American Insurance Company ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ELLISON FRAMING, INC., 10 NO. CIV. S-11-0122 LKK/DAD 11 Plaintiff, 12 v. O R D E R 13 ZURICH AMERICAN INSURANCE COMPANY, 14 15 Defendant. / 16 17 Defendant Zurich American Insurance Company in the above 18 captioned case filed a motion to stay action and compel 19 arbitration, which is set to be heard on March 14, 2011. Pursuant 20 to Local Rule 230(c), plaintiff Ellison Framing, Inc.’s opposition 21 or statement of non-opposition was due on February 28, 2011. 22 Plaintiff has not filed an opposition or a statement of non- 23 opposition. 24 Based on the above, the court ORDERS as follows: 25 1. Counsel for plaintiff is hereby ORDERED TO SHOW CAUSE in 26 writing why sanctions should not issue in accordance 1 with Local Rule 110, including a fine of $150 and/or 2 dismissal of this case, for their failure to file an 3 opposition or statement of non-opposition to the 4 motions. See also Fed. R. Civ. P. 41(b), Link v. Wabash 5 R.R., 370 U.S. 626, 633 (1962). Counsel shall file a 6 response to this order to show cause no later than March 7 14, 2011. 8 2. Hearing on defendant’s motion to stay and to compel 9 arbitration (Doc. No. 5) is CONTINUED to March 28, 2011 10 at 10:00 a.m. 11 3. Plaintiff shall file and serve his opposition or 12 statement of non-opposition on or before March 14, 2011. 13 Defendant may file and serve a reply no later than March 14 21, 2011. 15 IT IS SO ORDERED. 16 DATED: March 3, 2011. 17 18 19 20 21 22 23 24 25 26