Free Notice (Other) - District Court of California - California

Case 5:07-cv-02623-RMW

Document 9

Filed 06/26/2007

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HARRINGTON, FOXX, DUBROW & CANTER, LLP KEVIN P. McNAMARA, State Bar No. 180690 2 1055 West Seventh Street, 29th Floor Los Angeles, California 90017-2547 3 Telephone (213) 489-3222 Facsimile (213) 623-7929
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Attorneys for Defendant RELIANCE STANDARD LIFE INSURANCE 6 COMPANY
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HARRINGTON, FOXX, DUBROW & CANTER, LLP

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) v. ) ) RELIANCE STANDARD LIFE ) INSURANCE COMPANY; and DOES 1 ) to 100,, ) ) Defendants. ) ) TERRY DEW HORWATH, CASE NO. C07 02623RMW (PVT) NOTICE OF PLAINTIFF'S FAILURE TO OPPOSE DEFENDANT'S MOTION TO DISMISS Date: Time: Ctrm: July 10, 2007 10:00 a.m. 5

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1055 WEST SEVENTH STREET, 29TH FLOOR LOS ANGELES, CALIFORNIA 90017-2547 TELEPHONE (213) 489-3222

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In lieu of its reply, defendant RELIANCE STANDARD LIFE INSURANCE COMPANY ("RELIANCE STANDARD") files this Notice of Plaintiff's Failure to Oppose its Motion to Dismiss. RELIANCE STANDARD filed its Motion to Dismiss on May 21, 2007. The hearing on the Motion is scheduled for July 10, 2007 at 10:00 a.m. Pursuant to Local Rule 7.3(a), plaintiff's opposition was due 21 days prior that hearing date, which was June 19, 2007. Plaintiff did not file an opposition to the Motion, nor a statement of non-opposition. In light of plaintiff's failure to oppose RELIANCE STANDARD's Motion, RELIANCE STANDARD respectfully urges the Court to grant RELIANCE STANDARD's Motion, and execute the Order submitted along with RELIANCE STANDARD's moving papers. In the event the Court conducts a hearing on this
F:\CASE\RAW.3084\PLEADINGS\Plaintiff's Failure to Oppose Motion to Dismiss.wpd

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026 C07 23RMW (PVT)

NOTICE OF PLAINTIFF'S FAILURE TO OPPOSE DEFENDANT'S MOTION TO DISMISS

Case 5:07-cv-02623-RMW

Document 9

Filed 06/26/2007

Page 2 of 2

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HARRINGTON, FOXX, DUBROW & CANTER, LLP

matter, RELIANCE STANDARD submits that neither plaintiff nor plaintiff's counsel should be permitted to address the merits of the Motion due to their failure to timely file an opposition to said Motion.

DATED: June 26, 2007

HARRINGTON, FOXX, DUBROW & CANTER, LLP By: /s/ KEVIN P. McNAMARA Attorneys for Defendant RELIANCE STANDARD LIFE INSURANCE COMPANY

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1055 WEST SEVENTH STREET, 29TH FLOOR LOS ANGELES, CALIFORNIA 90017-2547 TELEPHONE (213) 489-3222

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F:\CASE\RAW.3084\PLEADINGS\Plaintiff's Failure to Oppose Motion to Dismiss.wpd

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026 C07 23RMW (PVT)

NOTICE OF PLAINTIFF'S FAILURE TO OPPOSE DEFENDANT'S MOTION TO DISMISS