Acosta v. Suryadevara

Filing 49

ORDER that Plaintiff shall File and Serve a Response to Defendant's 40 MOTION for SUMMARY JUDGMENT on or before JULY 19, 2010 signed by District Judge G. Murray Snow on 6/18/2010. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JD D L I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA Greg Acosta, Plaintiff, vs. S . Suryadevara, Defendant. ) ) ) ) ) ) ) ) ) ) N o . CV 1-08-1238-GMS ORDER P en d in g before the Court is Defendant `s Motion for Summary Judgment (Dkt. # 40). T h e motion was filed on May 5, 2010, along with notices of the motion and certificates of s e rv ic e . As of June 17, 2010, Plaintiff has not filed a Response, nor has he sought an e x te n sio n of time to do so. T h e Court may, in its discretion, treat Plaintiff's failure to respond to Defendant's M o tio n for Summary Judgment as a consent to the granting of that motion without further n o tice , and judgment may be entered dismissing this action with prejudice pursuant to F e d e ra l Rule of Civil Procedure 56; see Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994) (per c u r ia m ) . T h e Court will give Plaintiff 30 days from the date of this Order to file a Response to the Motion for Summary Judgment. I T IS THEREFORE ORDERED that Plaintiff shall file and serve a Response to D e f en d a n t's Motion for Summary Judgment (Dkt. # 40) on or before July 19, 2010. Should 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JD D L P la in tif f fail to comply, the Court may consider such failure to respond as consent to the g ra n tin g of the motion. This could result in the dismissal of Plaintiff's claim. D A T E D this 18th day of June, 2010. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?