Baker et al v. Cameron et al

Filing 66

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/12 ORDERING that within 21 days of 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 deemed as consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiffs failure to comply with these rules and a court order.(Dillon, 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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JERRY W. BAKER,
Plaintiff,

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vs.

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Case No. 2:10-cv-1811 KJM KJN P

SOLANO COUNTY, et al.,
Defendants.

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ORDER
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On October 11, 2012, defendants re-filed their motion for summary judgment

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pursuant to Federal Rule of Civil Procedure 56, and this court’s October 9, 2012 order. Plaintiff

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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 . . . .” Id. On November 10, 2010, October 9, 2012, and October 11,

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2012, plaintiff was advised of the requirements for filing an opposition to a motion and that

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failure to oppose such a motion may be deemed a waiver of opposition to the motion. See

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Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry,

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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

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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 November 10, 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.
Finally, on January 12, 2012, and June 12, 2012, plaintiff was reminded that

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failure to timely file an opposition will be deemed as consent to have the: (a) pending motion

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granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on

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plaintiff’s failure to comply with these rules and a court order, and that such failure shall result in

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a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure

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41(b). (Dkt. No. 54 & 59.)

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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days

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

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judgment. Failure to file an opposition will be deemed as consent to have the: (a) pending

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motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on

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plaintiff’s failure to comply with these rules and a court order. Such failure shall result in a

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

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DATED: November 15, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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bake1811.nop

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