Wagner v. Posner et al

Filing 84

ORDER signed by Magistrate Judge Kendall J. Newman on 06/21/11 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (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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CLINTON WAGNER,

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Plaintiff,

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vs.
MOSS POSNER, et al.,
Defendants.

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No. 2: 09-cv-3166 KJM KJN P

ORDER
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On May 6, 2011, 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

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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 February 17, 2010, plaintiff was advised of the requirements

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

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waiver of opposition to the motion.

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Local Rule 110 provides that failure to comply with the Local Rules “may be

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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 February 17, 2010, plaintiff was also advised that

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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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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 a statement of non-opposition and shall result in a

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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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DATED: June 21, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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wag3166.osc

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