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