Tennento v. Boston et al

Filing 35

ORDER to SHOW CAUSE Why Defendants' Motion for Summary Judgment Should Not be Granted, and Requiring Defendant to Submit Written Opposition, signed by District Judge Dale A. Drozd on 11/11/16. Show Cause Response Due Within 28 Days.(Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TONY TENNENTO,

12

Plaintiff,

13
14
15

No. 1:14-cv-00772-DAD-JLT

v.
CHRISTOPHER BOSTON,
CHRISTOPHER GONZALES, and
JESSEY ESPOSITO,

16

ORDER TO SHOW CAUSE WHY
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT SHOULD NOT BE GRANTED,
AND REQUIRING DEFENDANT TO
SUBMIT WRITTEN OPPOSITION

Defendants.

17
On August 30, 2016, defendants Christopher Boston, Christopher Gonzales, and Jessey

18
19

Esposito filed a motion for summary judgment in this action. (Doc. No. 32.) Pursuant to the

20

Local Rules of this court, plaintiff Tony Tenneto was required to serve and file a response not

21

more than twenty-one days after the date of service of the motion. Local Rule 230(l); see also

22

Local Rule 230(c) (“A responding party who has no opposition to the granting of the motion shall

23

serve and file a statement to that effect.”). On September 14, 2016, the court issued a minute

24

order requiring the parties to file opposition and reply briefs in accordance with the Local Rules

25

and indicating that the motion would be submitted for decision on the papers without oral

26

argument. (Doc. No. 34.) Nonetheless, to date, plaintiff has not filed an opposition or statement

27

of non-opposition to defendants’ motion.

28

/////
1

In light of plaintiff’s failure to respond to defendants’ motion for summary judgment, this

1
2

court hereby orders plaintiff Tenneto to show cause why defendants’ motion for summary

3

judgment should not be granted. Specifically, plaintiff Tenneto is directed to file a written

4

response within twenty-eight (28) days of service of this order.1 In his response, plaintiff

5

Tenneto should (1) state why defendants’ motion (Doc. No. 32) should not be granted, and (2)

6

include any evidence in support of his position that defendants’ motion should not be granted. If

7

plaintiff fails to comply with this order, the court will deem defendants’ motion submitted on the

8

present record and issue an order addressing the motion based solely on the arguments and

9

evidence submitted by defendants.

10

IT IS SO ORDERED.

11

Dated:

November 11, 2016
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

Plaintiff may, not more than fourteen (14) days after an opposition has been filed, if any, serve
and file a reply to defendant’s opposition to the motion for summary judgment.
2