Galik v. Namgalama et al

Filing 44

ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2011 ORDERING that within 30 days, Pltf shall file an opposition, if any, to the 37 motion for summary judgment. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN GALIK,

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Plaintiff,

No. 2: 09-cv-0152 KJN P

vs.
A. NANGALAMA, et al.,

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Defendants.

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ORDER
/

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On June 1, 2011, defendants Nangalama and Duc filed a motion to dismiss and/or

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in the alternative motion for summary judgment. On July 27, 2011, plaintiff was granted thirty

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days to file an opposition to defendants’ motion. Thirty days passed and plaintiff did not file an

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opposition.

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Local Rule 230(l) provides in part: “Failure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion . . . .” On November 9, 2010, plaintiff was advised of the

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requirements for filing an opposition to a motion and that failure to oppose such a motion may be

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deemed a waiver of opposition to the motion.

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Local Rule 110 provides that failure to comply with the Local Rules “may be
grounds for imposition of any and all sanctions authorized by statute or Rule or within the
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inherent power of the Court.” In the order filed November 9, 2010, plaintiff was also advised

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that failure to comply with the Local Rules may result in a recommendation that the action be

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dismissed.

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Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

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Involuntary Dismissal; Effect. If the plaintiff fails to prosecute
or to comply with these rules or a court order, a defendant may
move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision
(b) and any dismissal not under this rule--except one for lack of
jurisdiction, improper venue, or failure to join a party under Rule
19--operates as an adjudication on the merits.

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Id.

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Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the

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date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.

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Failure to file an opposition will be deemed as consent to have the: (a) pending motion granted;

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(b) plaintiff’s claims against defendants be dismissed for lack of prosecution; and (c) plaintiff’s

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claims against defendants be dismissed based on plaintiff’s failure to comply with these rules and

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a court order. Such failure shall result in a recommendation that plaintiff’s claims against

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defendants be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: September 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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gal152.osc

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