Shaun Darnell Garland v. Charlie Hughes

Filing 62

MINUTES (IN CHAMBERS) ORDER re Plaintiff's Response (dated June 2, 2015) to thisCourt's May 20, 2015 Order to Show Cause Why This Action Should Not BeDismissed for Failure to Prosecute and Comply With Court Orders. ECFDocket No. 61. by Magistrate Judge Kenly Kiya Kato (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL

Case No. CV 13-006574-FMO (KK)

Date: June 5, 2015

Title: Shaun Darnell Garland v. Charlie Hughes
DOCKET ENTRY
PRESENT:

HON. KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
None
Court Reporter/Recorder

Deb Taylor
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF(S):

ATTORNEYS PRESENT FOR DEFENDANT(S):

None

PROCEEDINGS:

None

(IN CHAMBERS)

The Court is in receipt of Plaintiff's Response (dated June 2, 2015) to this
Court's May 20, 2015 Order to Show Cause Why This Action Should Not Be
Dismissed for Failure to Prosecute and Comply With Court Orders. ECF
Docket No. 61. In his response, Plaintiff claims to have failed to file an
opposition because he did not "receive formal notice from the court . . . that
the parties are officially in this phase, with instructions for the plaintiff to
respond with an opposition." Id. In fact, contrary to Plaintiff's assertion,
immediately after the filing of Defendant's Motion for Summary Judgment
(ECF Docket No. 49, filed on April 7, 2015), this Court issued such an order
(ECF Docket No. 50, filed on April 7, 2015). Thus, Plaintiff's purported
excuse for not filing a timely opposition lacks merit.
To the extent Plaintiff seeks additional time to file an opposition to
Defendant's pending Motion for Summary Judgment, this Court has already
issued an order sua sponte granting an extension of time to file an opposition
until June 18, 2015. ECF Docket No. 60. As stated in that Order, no further
extensions will be granted and failure to file an opposition (or notice of nonopposition) by that date will result in the dismissal of this case for failure to
prosecute and/or failure to obey court order
Initials of Deputy Clerk

MINUTES FORM 11
CIVIL-GEN

dts