Hayles v. Wheatherford

Filing 62

ORDER signed by Magistrate Judge John F. Moulds on 11/29/12 ORDERING that within fourteen days of the date of this order, Plaintiff shall file an opposition, if any, to the Defendants' MOTION for Summary Judgment. Failure to file an opposition will be deemed as a statement of nonopposition and shall result in a recommendation that this action be dismissed pursuant FRCP 41(b).(Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY HAYLES, Plaintiff, 11 12 13 14 15 16 17 18 No. 2: 09-cv-3061 JFM (PC) vs. DR. ERICA WHEATHERFORD, et al., Defendants. ORDER / On October 23, 2012, defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff has not opposed the motion. Local Rule 230(l) provides in part: “Failure of the responding party to file written 19 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 20 the granting of the motion . . . .” On December 23, 2009, plaintiff was advised of the 21 requirements for filing an opposition to the motion and that failure to oppose such a motion may 22 be deemed a waiver of opposition to the motion. (See Dkt. No. 17 at p. 4-5.) Plaintiff was 23 readvised of these requirements on October 23, 2012 by defendants. (See Dkt. No. 61 at p. 3.) 24 Local Rule 110 provides that failure to comply with the Local Rules “may be 25 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 26 inherent power of the Court.” In the order filed December 23, 2009 and in defendants’ motion 1 1 for summary judgment filed October 23, 2012, plaintiff was advised that failure to comply with 2 the Local Rules may result in a recommendation that the action be dismissed. 3 Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days of 4 the date of this order, plaintiff shall file an opposition, if any, to the defendants’ motion for 5 summary judgment. Failure to file an opposition will be deemed as a statement of non- 6 opposition and shall result in a recommendation that this action be dismissed pursuant Federal 7 Rule of Civil Procedure 41(b). 8 DATED: November 29, 2012. 9 10 11 12 13 14 hayl3061.46.osc 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?