Greene v. WCI Holdings Corp., 136 F.3d 313 (2d Cir. 1998). · Go Syfert
Greene v. WCI Holdings Corp., 136 F.3d 313 (2d Cir. 1998). Cases Citing This Book View Copy Cite
100 citation events (93 in the last 25 years) across 32 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Cited for
At page 316 Oral hearing requirements for motions to dismiss41 citing cases“every circuit to consider the issue has determined that the 'hearing' requirements of rule 12 and rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to present its views to the court.”8 citing courts quote it
  • Clear Spring Prop. & Cas. Co. v. Arch Nemesis, LLC, 741 F. Supp. 3d 949 (D. Kan. 2024).published
    “every circuit to consider the issue has determined that the 'hearing' requirements of rule 12 and rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to present…”
  • Israel Schvimmer v. Roderick Randall, No. 1:18-cv-07419 (E.D.N.Y. Sept. 29, 2022).
    ([T]he decision whether or not to hold an oral hearing on a motion to dismiss lies in the sound discretion of the trial court.)
  • Mikkilineni v. PayPal, Inc., No. 1:20-cv-00647 (D. Del. July 7, 2020).
    ([N]o oral hearing is required by the Due Process Clause” for “motions to dismiss in civil cases.)
  • Leonite Fund I, LP v. Hawaii Brewery Dev. Co., Inc.; Waiakea Bottling Inc.; Waiakea Inc; & Marcus I Bender, No. 1:25-cv-01371 (D. Colo. Jan. 7, 2026).
    “every circuit to consider the issue has determined that the 'hearing' requirements of rule 12 and rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to present…”
  • Tracy v. Weber Cnty., No. 1:23-cv-00090 (D. Utah Oct. 19, 2023).
    “every circuit to consider the issue has determined that the "hearing" requirements of rule 12 and rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to present…”
  • Abrams, No. 2:25-cv-00117 (S.D. Ga. July 31, 2026).
    LISA GODBEY WOOD, JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA 854, 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)).
  • James, No. 4:25-cv-00243 (S.D. Ga. July 20, 2026).
    Roberts v. FNB S. of Alma, Ga., 716 F. App’x 854 , 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)).
  • Kenneth M. Chandler v. United States of Am., No. 1:25-cv-00199 (D. Colo. Jan. 13, 2026).
    Utah Oct. 19, 2023) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)).
  • Balestriere Fariello v. Gimlet Media, Inc., No. 24-2155 (2d Cir. Oct. 15, 2025).unpublished
    Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998).
  • Sarkar v. City of New York, No. 24-1219 (2d Cir. June 30, 2025).unpublished
    “filed extensive written arguments with the district court, which allowed him to address the specific issues of law with which the district court was concerned[,] . . . the decision whether or not to hold an oral hearing…”
Show 31 more citing cases
  • Boyd v. State Farm Fire & Cas. Co., No. 7:24-cv-00116, 2025 WL 1073710 (M.D. Ga. Apr. 9, 2025).
    E.g., Roberts v. FNB S. of Alma, 716 F. App’x 854 , 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)).
  • RMC Redevelopment, LLC v. State Farm Fire & Cas. Co., No. 7:24-cv-00108 (M.D. Ga. Mar. 31, 2025).
    E.g., Roberts v. FNB S. of Alma, 716 F. App’x 854 , 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)).
  • Ferrari v. Link, No. 3:22-cv-00217 (S.D. Ill. June 20, 2024). 2 cites
    “[e]very circuit to consider the issue has determined that the ‘hearing’ requirements of Rule 12 and Rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to presen…”
  • Mcdade v. Fountains at Tidwell, No. 24-20033 (5th Cir. May 20, 2024).unpublished
    Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). 9 See Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998) (per curiam) (“Every circuit to consider the issue has determined that the ‘hearing’ requirements of Rule 12 and…
  • Krandle v. Refuah Health Ctr., Inc., No. 7:22-cv-04977, 2024 WL 1075359 (S.D.N.Y. Mar. 12, 2024).
    (stating “the right of oral argument as a matter of procedural due process varies from case to case in accordance with differing circumstances, as do other procedural regulations” and collecting cases holding that the “‘…)
  • BITCO Gen. Ins. Corp. v. Com. & Indus. Ins. Co., No. 5:15-cv-00206 (W.D. Okla. Nov. 22, 2019).
    Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998).
  • Charles Joseph Kohler v. Marian Garlets, 578 F. App'x 862 (11th Cir. 2014).unpublished
    “The circuit courts that have addressed the question of whether an oral hearing is required on motions to dismiss in civil cases have uniformly held that no oral hearing is required by the Due Process Clause.” Greene v. WCI Holdings Corp.,…
  • Kloss v. RBS Citizens, N.A., 996 F. Supp. 2d 574 (E.D. Mich. 2014).published
    Goodpasture v. Tenn. Valley Auth., 434 F.2d 760, 764 (6th Cir.1970); Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir.1998); see Dayco Corp. v. Goodyear Tire & Rubber Co., 523 F.2d 389, 391 (6th Cir.1975) (denial of oral hearing bef…
  • Brodhurst v. Frazier, 57 V.I. 365 (2012).published
    Appx. 8, 10 (2d Cir. 2006) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)) and Carter v. Cybertech Intern., 21 Fed.
  • Frischenmeyer v. Werholtz, 459 F. App'x 759 (10th Cir. 2012).unpublished
    Bureau of Prisons, 355 F.3d 1204, 1214 (10th Cir.2003), abrogated on other grounds by Jones v. Bock, 549 U.S. 199 , 127 S.Ct. 910 , 166 L.Ed.2d 798 (2007); Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir.1998).
  • Chylinski v. Bank of Am., N.A., 434 F. App'x 47 (2d Cir. 2011).unpublished
    See Fed.R.Civ.P. 56; Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998) (per curiam) (holding that there is no due process right to a hearing on summary judgment).
  • Young v. United States, 94 Fed. Cl. 671 (Fed. Cl. 2010).published
    And, while RCFC 12(i) requires the court to “hear[J and decide[ ]” certain motions before trial, the court may “hear” those motions without oral argument See Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir.1998) (“Every circuit to…
  • Thomas v. United States, 245 F. App'x 18 (Fed. Cir. 2007).unpublished
    “Every circuit to consider the issue has determined that the ‘hearing’ requirements of Rule 12 and Rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to present…”
  • Deborah Katz Pueschel v. United States of Am., Deborah Katz Pueschel v. Norman Y. Mineta, Sec'y, United States Dep't of Transp., 369 F.3d 345 (4th Cir. 2004).published
    Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir.1998)(“Every circuit to consider the issue has determined that the ‘hearing’ requirements of Rule 12 and Rule 56 do not mean that an oral hearing is necessary, but only require that a…
  • Velez v. Vassallo, 203 F. Supp. 2d 312 (S.D.N.Y. 2002).published
    (finding that district court has discretion to deny oral hearing under Rule 12(d) where party has had meaningful opportunity to present its case)
  • Young, No. 7:25-cv-00160 (M.D. Ga. July 23, 2026).
    See Roberts v. FNB S. of Alma, 716 F. App’x 854 , 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)); see also Coney v. Macon-Bibb Cnty, No. 5:19-cv-00145, 2019 WL 13098500 , at *1 (M.D.
  • Chiang, No. 7:25-cv-00106 (M.D. Ga. July 21, 2026).
    See Roberts v. FNB S. of Alma, 716 F. App’x 854 , 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)); see also Coney v. Macon-Bibb Cnty, No. 5:19-cv-00145, 2019 WL 13098500 , at *1 (M.D.
  • Donaldson, No. 7:25-cv-00144 (M.D. Ga. Jan. 14, 2026).
    See Roberts v. FNB S. of Alma, 716 F. App’x 854 , 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)); see also Coney v. Macon-Bibb Cnty, No. 5:19-cv-00145, 2019 WL 13098500 , at *1 (M.D.
  • Lloyd-adams v. Kelsch, 793 F. Supp. 3d 1362 (M.D. Ga. 2025).published
    See Roberts v. FNB S. of Alma, 716 F. App’x 854 , 857 (11th Cir. 2017) (citing Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir. 1998)).
  • McCarthy v. Intercontinental Exch., Inc., No. 23-3458 (9th Cir. Dec. 9, 2024).unpublished
    (collecting cases reaching this conclusion)
  • Joseph Roberts v. FNB South of Alma, Georgia, No. 17-11269 (11th Cir. Nov. 14, 2017).unpublished
    (explaining that Rule 12 does not require an oral hearing before a court rules on a motion to dismiss, only that a party “be given the opportunity to present its views to the court)
  • Lenington v. Kachkar, 633 F. App'x 59 (2d Cir. 2016).unpublished
    (recognizing that district courts can dismiss complaint or enter summary judgment without holding oral hearing)
  • Skalafuris v. City of N.Y., Dep't of Corr., 437 F. App'x 54 (2d Cir. 2011).unpublished
    See Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir.1998) (per cu-riam) (“Every circuit to consider the issue has determined that the ‘hearing’ requirements of Rule 12 and Rule 56 do not mean that an oral hearing is necessary, but…
  • Stone v. New York Pub. Library, 348 F. App'x 665 (2d Cir. 2009).unpublished 2 cites
    See Greene v. WCI Holdings Corp., 136 F.3d 313, 316 (2d Cir.1998).
  • Davidson v. Scully, 148 F. Supp. 2d 249 (S.D.N.Y. 2001).published
  • Hammer v. Malavet, 22 F. App'x 58 (2d Cir. 2001).unpublished
  • Bolin v. Chavez, 24 F. App'x 936 (10th Cir. 2001).unpublished
  • Forjan v. Leprino Foods, Inc., 209 F. App'x 8 (2d Cir. 2006).unpublished
  • Com. Union v. Lord, 224 F. App'x 41 (2d Cir. 2007).unpublished
  • Mikkilineni v. PayPal, Inc., No. 1:19-cv-01391 (D. Del. Feb. 21, 2020).
  • Joyner v. Alston & Bird LLP, No. 1:21-cv-08549 (S.D.N.Y. Apr. 8, 2022).
At page 315 Establishing service of process by mail17 citing cases“service by mail is complete upon mailing.”3 citing courts quote it · 16 listed here
  • Global Exp. Mktg. Co., Ltd. v. Abdelrahman A. Abbar Trading Co., No. 1:20-cv-03504 (S.D.N.Y. Mar. 6, 2023).
    ([S]ervice under Rule 5(b) is accomplished when the envelope is deposited at a post office or in a mail box.)
  • Diaz-Valdez v. Garland, 122 F.4th 436 (1st Cir. 2024).published
    (affirming the district court's reliance on an affidavit of service stating that an envelope had been placed in a mailbox on a particular date)
  • Bishop v. Cross Creek Twp. Police Dept., 2024-Ohio-414.published
    No. 01AP-388, citing Greene v. WCI Holdings Corp., 136 F.3d 313, 315-316 (C.A.2 1998).
  • Ruotolo v. Town of New Paltz, No. 1:22-cv-00169 (N.D.N.Y. Mar. 14, 2023). 2 cites
    “h[e]ld that service under Rule 5(b) is accomplished when the envelope is deposited at a post office or in a mail box”
  • Baer v. Salt Lake City Corp., 705 F. App'x 727 (10th Cir. 2017).unpublished
    Bureau of Prisons, 355 F.3d 1204, 1214 (10th Cir. 2003), abrogated on other grounds by Jones v. Bock, 549 U.S. 199 , 127 S.Ct. 910 , 166 L.Ed.2d 798 (2007); Greene v. WCI Holdings Corp., 136 F.3d 313, 315-16 (2d Cir. 1998).
  • Rates Tech., Inc. v. Mediatrix Telecom, Inc., 688 F.3d 742 (Fed. Cir. 2012).published
    See Dotson v. Griesa, 398 F.3d 156, 159 (2d Cir.2005); AD/SAT v. Associated Press, 181 F.3d 216 , 226 (2d Cir.1999); Greene v. WCI Holdings Corp., 136 F.3d 313, 315 (2d Cir.1998) (citing numerous cases).
  • Knight v. Knight, 228 F. App'x 810 (10th Cir. 2007).unpublished
    Greene v. WCI Holdings Corp., 136 F.3d 313, 315-16 (2d Cir.1998).
  • Steele v. Fed. Bureau of Prisons, 355 F.3d 1204 (10th Cir. 2003).published 2 cites
    Greene v. WCI Holdings Corp., 136 F.3d 313, 315-316 (2d Cir.1998).
  • Nwachukwu v. Karl, 223 F. Supp. 2d 60 (D.D.C. 2002).published
    United States v. Kennedy, 133 F.3d 53, 59 (D.C.Cir.1998); Greene v. WCI Holdings Corp., 136 F.3d 313, 315 (2d Cir.1998).
  • McCall v. City of Danbury, 16 F. App'x 77 (2d Cir. 2001).unpublished
    Greene v. WCI Holdings Corp., 136 F.3d 313, 315-16 (2d Cir.) (per curiam), ce rt. denied, 525 U.S. 983 , 119 S.Ct. 448 , 142 L.Ed.2d 402 (1998), held that no oral hearing is required by the Due Process Clause of the United States Constitut…
Show 6 more citing cases
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Cliff GREENE
v.
WCI HOLDINGS CORPORATION WCI Holdings II Corporation J.R. Birle, Co-Chairman R.B. McKeon, Co-Chairman S.A. Schwartzman, President and CEO
Docket No. 97-7311.
Court of Appeals for the Second Circuit.
Feb 6, 1998.
Published opinion
136 F.3d 313
1998 WL 57655
1998 U.S. App. LEXIS 2009
Cliff Greene, Brooklyn, NY, pro se., Caroline S. Press, Solomon, Zauderer, El-Ienhorn, Frischer & Sharp, New York City (Louis M. Solomon, of counsel), for Defendants-Appellees.
Cabranes, Calabresi, Heaney.
Cited by 57 opinions  |  Published
2 passages pin-cited by 2 cases
Citer courts: S.D. New York (1) · D. Utah (1)
PER CURIAM..

I. Facts and Procedural History

Cliff Greene, pro se, appeals from a judgment of the United States District Court for the Southern District of New York (David N. Edelstein, Judge) dismissing his complaint both for failure to state a claim upon which relief could be granted, and for lack of subject matter jurisdiction.

Greene filed a complaint in January 1992, alleging violations of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b); the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq.; 42 U.S.C. §§ 1981 and 1983; and the United States Constitution. Greene named as defendants WCI Holdings Corporation, WCI Holdings II Corporation, and some of the officers of these corporations — J.R. Birle, R.B. MeKeon, and S.A. Schwartzman. Greene alleged that, as the result of the defendants’ actions in violation of the above laws, certain warrants Greene held in Wickes Companies, Inc. lost value when Wickes was acquired by WCI Holdings’.

In February 1992, Greene and counsel for the defendants entered into a stipulation extending the time for the defendants to answer the complaint until April 2, 1992. The stipulation was memo-endorsed “so ordered” by the district court. On April 3, 1992, defendants filed with the court a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). The motion was dated April 2, 1992, and an affidavit of service was attached declaring that it had been served on the plaintiff by placing it in a mailbox on April 2, 1992 at 5:30 p.m. Greene received a copy of the motion to dismiss in the mail on April 4, 1992. The envelope was postmarked April 3, 1992.

On April 8, 1992, Greene moved for a default judgment, alleging that defendants’ motion to dismiss was untimely since it had been submitted on April 3, 1992 (the day it was postmarked). On April 21,1992, Magistrate Judge Buchwald filed a memorandum[*315] and order denying Greene’s motion for default. The magistrate judge reasoned that under Federal Rule of Civil Procedure 5(b), service was accomplished when the motion to dismiss was mailed on April 2: Greene objected to the report in timely fashion, and Judge Edelstein denied his objections by order dated May 28,1992.

Meanwhile, Greene had submitted a memorandum of law opposing defendants’ motion to dismiss the complaint. On July 8, 1992, Magistrate Judge Buchwald recommended that the motion to dismiss the complaint be granted. Greene filed timely objections to the report and recommendation. The case lay dormant until the district court accepted the report and recommendation and granted the motion to dismiss. Judgment was entered on February 28, 1997, and Greene appealed. ‘

II. Discussion

On appeal, Greene argues a) that the district court erred in holding that the motion had been served when the defendants’ claim was placed in the mailbox on April 2 rather than when it was postmarked on April 3; and b) that the district court should not have dismissed his complaint on the papers without conducting an oral hearing. We find no error in the district court’s holding and, therefore, affirm.

A. Service by Mail

Federal Rule of Civil Procedure 5(b) plainly provides that “[sjervice by mail is complete upon mailing.” The question is what constitutes a “mailing”—is it the placing of an envelope in a mail box or the postmarking of it by postal service employees? Although the Second Circuit has not addressed this precise issue, there is nothing in Rulé 5(b) or our case law to indicate that the date of postmark, or the date of receipt, rather than the date of placing it in the mail controls. See, e.g., United States v. White, 980 F.2d 836, 840 n. 8 (2d Cir.1992) (service effected when papers were mailed regardless of when they were received).

The First Circuit addressed the issue of what constitutes service by mail in Rivera v. M/T Fossarina, 840 F.2d 152 (1st Cir.1988), and held that “[fjor service by mail to be valid, under Rule 5(b) the pleading or document has to be ‘placed in an envelope addressed to ... the opposing attorney ... and deposited in a United States Post office or post office box.’ ” Id. at 155 (quoting 4A Charles Allan Wright & Arthur R. Miller, Federal Practice and Procedure § 1148, at 432-33 (2d ed.1987)). Similarly, the D.C. Circuit has held that, under Rule 5(b), “ ‘[sjerviee is deemed complete at the instant the- documents are placed into the hands of the United States Post Office or a Post Office Box.’” United States v. Kennedy, 133 F.3d 53, 59 (D.C.Cir.1998) (quoting 1 James Wm. Moore, et al., Moore’s Federal Practice § 5.04[2][a][ii], at 5-28 (3d ed.1997)). We think this is the sensible rule, and, hence, hold that service under Rule 5(b) is accomplished when the envelope is deposited at a post office or in a mail box.

Greene further argues that, apart from the legal issue of when “mailing” is complete, the defendants’ factual allegation that they placed the envelope in the mailbox on April 2, 1992, is false. The magistrate judge and district coúrt considered and rejected this argument, and their decision to believe the defendants’ affidavit (which stated that the envelope had been placed in the mailbox on April 2) was not clearly erroneous. Accordingly, Greene’s motion for default judgment was properly denied.

B. Failure to Conduct Oral Hearing

Greene argues that the district court should have held an oral hearing before dismissing his complaint. He contends that an oral hearing is required by the Due Process Clause of the United States Constitution and by Federal Rule.of Civil Procedure 56. Rule 56 is not relevant, however, because his complaint was dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6). And we do not believe that Rule 12(d), which provides that defenses shall be “heard and determined before trial,” confers a right to an oral hearing before dismissal. As we noted over thirty years ago, “[mjotions may be decided wholly on the papers, and usually are.”[*316] World Brilliance Corp. v. Bethlehem Steel Co., 342 F.2d 362, 366 (2d Cir.1965).

Every circuit to consider the issue has determined that the “hearing” requirements of Rule 12 and Rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to present its views to the court. See Lujan v. National Wildlife Fed’n, 497 U.S. 871, 910, 110 S.Ct. 3177, 3200, 111 L.Ed.2d 695 (1990) (Blackmun, J., dissenting) (noting that “[t]he Courts of Appeals consistently have recognized ... that Rule 56 does not necessarily contemplate an oral hearing”) (internal quotation marks and citation omitted); see, e.g., Cray Communications, Inc. v. Novatel Computer Sys., 33 F.3d 390, 396 (4th Cir.1994) (oral hearing on summary judgment at discretion of trial court); Chrysler Credit Corp. v. Cathey, 977 F.2d 447, 449 (8th Cir.1992) (“hearing” on summary judgment motion may consist of written rather than oral argument); Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1042 (1st Cir.1988) (same); Geear v. Boulder Community Hosp., 844 F.2d 764, 766 (10th Cir.1988) (same); Moore v. Florida, 703 F.2d 516, 519 (11th Cir.1983) (same); Allied Chem. Corp. v. Mackay, 695 F.2d 854, 856 (5th Cir.1983) (per curiam) (same); Dougherty v. Harper’s Magazine Co., 537 F.2d 758, 761 (3d Cir.1976) (plaintiff must be given opportunity to be heard, either orally or in writing, prior to Rule 12(b)(6) dismissal); Dayco Corp. v. Goodyear Tire & Rubber Co., 523 F.2d 389, 391 (6th Cir.1975) (Federal Rules do not require oral hearing on motion to dismiss).

Similarly, we find no merit in Greene’s claim that a dismissal of a complaint without an oral hearing violates due process. The Supreme Court has held that “the right of oral argument as a matter of procedural due process varies from case to case in accordance with differing circumstances, as do other procedural regulations.” Federal Communications Comm’n v. WJR, The Goodwill Station, Inc., 337 U.S. 265, 276, 69 S.Ct. 1097, 1103, 93 L.Ed. 1353 (1949). And the circuit courts that have addressed the question of whether an oral hearing is required on motions to dismiss in civil cases have uniformly held that no oral hearing is required by the Due Process Clause. See, e.g., United States v. One 1974 Porsche 911-S, 682 F.2d 283, 286 (1st Cir.1982) (“There is no constitutional right to oral argument on a summary judgment motion.”); Dayco, 523 F.2d at 391 (denial of an oral hearing before granting a motion to dismiss does not violate “fundamental notions of fairness and due process of law”); Spark v. Catholic Univ., 510 F.2d 1277, 1280 (D.C.Cir.1975) (“due process does not include the right to oral argument on a motion”); Dredge Corp. v. Penny, 338 F.2d 456, 464 n. 14 (9th Cir.1964) (“The opportunity to be heard orally on questions of law is not an inherent element of procedural due process, even where substantial questions of law are involved.”).

We note that Greene has not shown that he was denied the right to be heard and or the opportunity to present his case in a meaningful way. He filed extensive written arguments with the district court, which allowed him to address the specific issues of law with which the district court was concerned. Under the circumstances, we hold that the decision whether or not to hold an oral hearing on a motion to dismiss lies in the sound discretion of the trial court. And the district court did not abuse its discretion in denying oral argument in the ease before us.

Having considered all of Greene’s arguments and found them to be without merit, we affirm the judgment of the district court.