Ransom v. Aguirre et al
Filing
144
ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' Motion for Terminating Sanctions, within Twenty-One Days signed by Magistrate Judge Gary S. Austin on 04/13/2017. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BRYAN E. RANSOM,
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Plaintiff,
vs.
AGUIRRE, et al.,
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Defendants.
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1:12-cv-01343-DAD-GSA-PC
ORDER REQUIRING PLAINTIFF TO
FILE OPPOSITION OR STATEMENT
OF NON-OPPOSITION TO
DEFENDANTS’ MOTION FOR
TERMINATING SANCTIONS,
WITHIN TWENTY-ONE DAYS
(ECF No. 135.)
TWENTY-ONE DAY DEADLINE
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On September 16, 2016, Defendants filed a motion for terminating sanctions. (ECF No.
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135.) Plaintiff Bryan E. Ransom (“Plaintiff”) was required to file an opposition or a statement
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of non-opposition to the motion within twenty-one days, but has not done so. Local Rule
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230(l).
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Local Rule 230(l) provides that the failure to oppose a motion "may be deemed a waiver
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of any opposition to the granting of the motion..." The court may deem any failure to oppose
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Defendants’ motion for terminating sanctions as a waiver, and recommend that the motion be
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granted on that basis.
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Failure to follow a district court’s local rules is a proper ground for dismissal. U.S. v.
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Warren, 601 F.2d 471, 474 (9th Cir. 1979). Thus, a court may dismiss an action for the
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plaintiff's failure to oppose a motion for terminating sanctions, where the applicable local rule
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determines that failure to oppose a motion will be deemed a waiver of opposition. See Ghazali
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v. Moran, 46 F.3d 52 (9th Cir. 1995), cert. denied 516 U.S. 838 (1995) (dismissal upheld even
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where plaintiff contends he did not receive motion to dismiss, where plaintiff had adequate
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notice, pursuant to Fed. R. Civ. P. 5(b), and time to file opposition); cf. Marshall v. Gates, 44
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F.3d 722, 725 (9th Cir. 1995); Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50 (9th Cir.
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1993) (motion for summary judgment cannot be granted simply as a sanction for a local rules
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violation, without an appropriate exercise of discretion). The court may also dismiss this case
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for Plaintiff’s failure to comply with the court’s order. See Local Rule 110; Pagtalunan v.
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Galaza, 291 F.3d 639, 642 (9th Cir. 2002)
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Within twenty-one days of the date of service of this order, Plaintiff shall file
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an opposition or statement of non-opposition to the motion for terminating
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sanctions filed by Defendants on September 16, 2016; and
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2.
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Plaintiff’s failure to comply with this order may result in the dismissal of this
action.
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IT IS SO ORDERED.
Dated:
April 13, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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