Carmona v. Grannis et al

Filing 65

ORDER signed by Magistrate Judge Kendall J. Newman on 5/7/15 ORDERING that within twenty-one days from the date of this order, Plaintiff shall file an opposition, if any, to the Motion for Summary Judgment. Failure to file an opposition will be d eemed as consent to have the: (a) action dismissed for lack of prosecution; and (b) action dismissed based on Plaintiff's failure to comply with these rules and a court order. Such failure shall result in a recommendation that this action be dismissed pursuant to FRCP 41(b).(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS CARMONA,

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No. 2:10-cv-0898 KJM KJN P

Plaintiff,
v.

ORDER

D’ALESSANDRO,

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Defendant.

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On January 14, 2015, defendant filed a motion for summary judgment pursuant to Federal

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Rule of Civil Procedure 56. On March 26, 2015, plaintiff was granted a second extension of time

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in which to file an opposition. Thirty days have now passed, and plaintiff has not opposed the

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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 December 18, 2012, 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. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir.

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1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).

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

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of
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the Court.” In the order filed December 18, 2012, plaintiff was also advised that failure to

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comply with the Local Rules may result in a recommendation that the action be 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.
Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days from 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) action dismissed for lack

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of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules

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and a court order. Such failure shall result in a recommendation that this action be dismissed

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

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Dated: May 7, 2015

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/carm0898.noop

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