Bermudez v. Yates

Filing 24

ORDER Plaintiff to Respond to the Motion to Dismiss by February 19, 2010, signed by District Judge Frank R. Zapata on 02/04/2010. (Case Management Deadline: 2/19/2010)(Martin, S)

1 2 3 4 5 6 7 8 J a m e s Yates, et al., 9 D e f e n d a n ts . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A review of the record reflects that Defendants' filed a motion to dismiss on October 8 , 2009. Thereafter, the Court issued a Wyatt notice to Plaintiff informing him that he was re q u ire d to respond; the response was due on approximately November 27, 2009. Plaintiff f a ile d to file a response as required. Thereafter, in December of 2009, Defendants filed a n o tic e that Plaintiff failed to file his required response. On January 6, 2010, Plaintiff filed a document stating that he has encountered various problems in obtaining the paperwork he th i n k s he needs to oppose the motion to dismiss, states that he does not want the case d is m is s e d , and states that he will file his response as soon as possible. The Court has been w a itin g for a response from Plaintiff for many months. Plaintiff has had since October 8, 2 0 0 9 to attempt to gather materials and file his response. As of the date of this Order (2 /4 /1 0 ), the Court still has not received a response from Plaintiff; Plaintiff has had nearly f o u r months to file a response. The Court will not permit this dispositive motion to remain p e n d in g indefinitely as it has already caused many months of delay in this case. This Court, a m o n g many others, voluntarily accepted 15 cases from the Eastern District of California as p a rt of the effort of the Ninth Circuit to expedite the backlog of cases in the Eastern District o f California. Allowing this dispositive motion to remain pending has already caused many m o n th s of delay in this case, clogs the Court's already heavy docket, and defeats the purpose vs. W ilf re d o Bermudez, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) N o . CV 1-06-1247-FRZ ORDER IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

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o f voluntarily accepting cases from the Eastern District of California. As such, Plaintiff will h a v e one final opportunity to file his response to the motion to dismiss. IT IS HEREBY O R D E R E D that Plaintiff shall file his response to the motion to dismiss no later than F e b r u a r y 19, 2010. If Plaintiff fails to file his response by February 19, 2010, the Court w ill rule on Defendants' motion to dismiss without the benefit of Plaintiff's response a n d without further notice to Plaintiff.

D A T E D this 4 th day of February, 2010.

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