John Ho v. Hai Dang et al

Filing 19

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 16 , by Judge Andrew J. Guilford.The Court therefore CONTINUES the plaintiff's motion for summary judgment to a status conference on February 13, 201 7, at 9:00 a.m. (Dkt. No. 16.) The defendants are further ORDERED to appear at this hearing, to show cause why they have failed to file an opposition to the motion for summary judgment, and why the Court should not strike their answer to the complaint and enter default. (see document for details). (dro)

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

SACV 16-00407 AG (KESx)

Title

JOHN HO v. HAI DANG ET AL.

Present: The Honorable

January 12, 2017

ANDREW J. GUILFORD

Lisa Bredahl
Deputy Clerk
Attorneys Present for Plaintiffs:
Proceedings:

Date

Not Present
Court Reporter / Recorder

Tape No.

Attorneys Present for Defendants:

[IN CHAMBERS] ORDER TO SHOW CAUSE REGARDING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

This case concerns the accessibility of parking spaces at El Ranchito Market in Long Beach,
California. (Compl., Dkt. No. 1, PageID 2–4.) John Ho, the plaintiff here, sued Hai and Lien
Dang, who apparently own the property at issue, alleging various violations of the Americans
with Disabilities Act, 42 U.S.C. § 12101 et seq., the Unruh Civil Rights Act, Cal. Civ. Code
§ 51 et seq., and other related state laws.
Congress passed the Americans with Disabilities Act “to provide clear, strong, consistent,
enforceable standards addressing discrimination against individuals with disabilities.” 42
U.S.C. § 12101(b)(2). “Discrimination against the handicapped,” Congress thought, was
“most often the product, not of invidious animus, but rather of thoughtlessness and
indifference—of benign neglect.” Alexander v. Choate, 469 U.S. 287, 295 (1985).
Ho has pursued his rights under the Act, but the defendants, it seems, have neglected their own
defense. Although Hai and Lien Dang, proceeding pro se, previously appeared at an early
scheduling conference and filed an answer, they have since failed to oppose to the plaintiff’s
motion for summary judgment. See C.D. Cal. L.R. 7-9.
Courts have hesitated to grant a motion for summary judgment simply because the nonmoving party has failed to file an opposition. See Cristobal v. Siegel, 26 F.3d 1488, 1494–95 &
CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

SACV 16-00407 AG (KESx)

Title

Date

January 12, 2017

JOHN HO v. HAI DANG ET AL.

n.4 (9th Cir. 1994). An alternative practice, contemplated by the federal rules, is to “give [the
non-moving party] an opportunity to properly support or address” any assertions of fact
contained in the motion for summary judgment. See Fed. R. Civ. P. 56(e)(1). And that
practice may be particularly appropriate where, as here, the non-moving party is proceeding
pro se. Cf. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (noting that pro se litigants are generally
“held to less stringent standards” than lawyers).
The Court therefore CONTINUES the plaintiff’s motion for summary judgment to a status
conference on February 13, 2017, at 9:00 a.m. (Dkt. No. 16.) The defendants are further
ORDERED to appear at this hearing, to show cause why they have failed to file an
opposition to the motion for summary judgment, and why the Court should not strike their
answer to the complaint and enter default.
The Court also encourages the defendants to take advantage of the significant resources
available to pro se litigants. The Public Law Center runs a free “Federal Pro Se Clinic” at the
Santa Ana federal courthouse where self-represented litigants can get information and
guidance. Visitors to the clinic must make an appointment by calling [phone] (x222).
The clinic is located in Room 1055 of the Ronald Reagan Federal Building and United States
Courthouse, 411 W. 4th Street, Santa Ana, CA. More information about the clinic may be
found by visiting http://court.cacd.uscourts.gov/cacd/ProSe.nsf and selecting “Pro Se
Clinic - Santa Ana.”

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