Manuel Aldana Jr. v. Los Angeles Unified School District et al

Filing 36

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym:, ORDER TO SHOW CAUSE ON OR BEFORE JUNE 14, 2011, WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO FILEOPPOSITIONS TO MOTION TO DISMISS AND MOTION FORJUDGMENT ON THE PLEADINGS (SEE MINUTES FOR DETAILS). (kca)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 10-6000-DOC (SP)

Title

Manuel Aldana, Jr. v. Los Angeles Unified School District, et al.

Present: The Honorable

Date

May 31, 2011

Sheri Pym, United States Magistrate Judge

Kimberly Carter

None Appearing

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

None Appearing

None Appearing

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE TO FILE
OPPOSITIONS TO MOTION TO DISMISS AND MOTION FOR
JUDGMENT ON THE PLEADINGS

On March 24, 2011, defendants Los Angeles School Police Department and
Martha Sanchez filed and served Motions for Judgment on the Pleadings pursuant to Fed.
R. Civ. P. 12(c) (docket nos. 26, 27). In addition, on March 24, 2011, defendant Los
Angeles Unified School District filed and served a Motion to Dismiss pursuant to Fed. R.
Civ. P. 12(b)(6) (docket no. 25). By its Orders dated March 30, 2011 (docket Nos. 29,
30, 31), the Court gave Plaintiff until April 19, 2011 to file Oppositions. Also, in the
March 30, 2011 Orders, the Court specifically admonished Plaintiff that failure to file
Oppositions to the Motions may be deemed as consent to the granting of the Motions.
To date, Plaintiff has not filed any Oppositions. Again, the Court warns Plaintiff
that the failure to file Oppositions within the deadline set by the Court may be deemed
Plaintiff’s consent to the granting of the Motions. L.R. 7-12.
Accordingly, IT IS ORDERED THAT on or before June 14, 2011, Plaintiff shall
file a Response to this Order showing good cause, if any exists, why he failed to timely
file Oppositions to the Motions, and why the action should not be dismissed based upon
Plaintiff’s failure to file Oppositions. See L.R. 7-12; Ghazali v. Moran, 46 F.3d 52,
53-54 (9th Cir.1995) (per curiam) (affirming dismissal of pro se prisoner’s action for
failure to file opposition to motion to dismiss); see also Pagtalunan v. Galaza, 291 F.3d
639, 643 (9th Cir. 2002) (affirming dismissal of habeas petition with prejudice for failure
to prosecute and failure to comply with court’s order).
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 10-6000-DOC (SP)

Date

Title

May 31, 2011

Manuel Aldana, Jr. v. Los Angeles Unified School District, et al.

If Plaintiff files Oppositions on or before June 14, 2011, this Order to Show Cause
shall be automatically discharged. The defendants shall have 7 days thereafter to file
replies, if any.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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