Guinn v. Sturm et al

Filing 46

ORDER to SHOW CAUSE signed by District Judge Lawrence J. O'Neill on October 27, 2011. (Munoz, I)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAULO EUGENE GUINN,

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Case No. 1:10-cv-00320 LJO SKO

Plaintiff,

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vs.

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ORDER TO SHOW CAUSE

J STURM, et al.,

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Defendants.

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/

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On September 28, 2011, Defendants filed a motion for summary judgment, and hearing for the

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matter was set for November 2, 2011. (Doc. 30.) Pursuant to Local Rule 230, any opposition to the

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motion was to be filed “not less than fourteen (14) days preceding the noticed (or continued) hearing

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date.” Local Rule 230(c). Nevertheless, Plaintiff failed to file an opposition within that time frame.

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Instead, Plaintiff filed an untimely opposition on October 26, 2011. (Docs. 43-45.) At no point did

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Plaintiff seek leave from this Court to file an opposition out-of-time.

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The Court invested time and resources in evaluating the case after the time the opposition was

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due, but before the time the untimely opposition was received. This District does not have the needed

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resources to have to redo its work.

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Accordingly, IT IS HEREBY ORDERED that by no later than October 28, 2011, Plaintiff shall

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show cause in writing why his untimely opposition should not be stricken for failing to comply with

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Local Rule 230(c). See Local Rule 110.

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IT IS SO ORDERED.
Dated:
b9ed48

October 27, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE