Endsley v. Mayberg et al

Filing 45

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/29/11 ordering plaintiff shall file an opposition, if any, to defendants' motion to dismiss, filed on 11/22/11 within 21 days. Defendants 12/21/11 motion to extend the deadline for filin g a summary judgment motion 44 is partially granted and the 01/07/12 deadline is vacated; the new deadline for the filing of such a dispositive motion should it remain appropriate to do so after the resolution of the pending motion to dismiss, is extended for 30 days beyond such resolution. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARC ANTHONY LOWELL ENDSLEY,

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Plaintiff,
vs.
STEPHEN MAYBERG, et al.,
Defendants.

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No. CIV S-09-2311 WBS GGH P

ORDER
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Defendants filed a motion to dismiss on November 22, 2011, averring that

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plaintiff had failed to comply with a court order and to participate in discovery. Plaintiff has

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failed to oppose the motion.

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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 19, 2009, plaintiff was advised of the

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

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motion may be deemed a waiver of opposition to the motion and may result in a recommendation

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of dismissal of this action. Local Rule 110 provides that failure to comply with the Local Rules

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“may be grounds for imposition of any and all sanctions authorized by statute or Rule or within

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the inherent power of the Court.” Plaintiff must file any opposition within twenty-one days.
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In addition, defendants request a two-month extension of time for the filing of a

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summary judgment motion following resolution of the motion to dismiss. The motion will be

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partially granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall file an opposition, if any, to defendants’ motion to dismiss, filed

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on November 22, 2011, within twenty-one (21) days. Failure to file an opposition will be

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deemed a statement of non-opposition and shall result in a recommendation that this action be

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dismissed pursuant Federal Rule of Civil Procedure 41(b);

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2. Defendants’ December 21, 2011 (docket # 44) motion to extend the deadline

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for filing a summary judgment motion is partially granted and the January 7, 2012, deadline is

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vacated; the new deadline for the filing of such a dispositive motion, should it remain appropriate

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to do so after the resolution of the pending motion to dismiss, is extended for thirty days beyond

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such resolution.

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DATED: December 29, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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ends2311.ord3

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