United States of America v. Molen et al

Filing 160

ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 2/14/14 ORDERING that the 3/13/14, hearing 148 is VACATED and CONTINUED until 4/1/2014. No later than 2/24/14, defendant shall file an amended opposition that complies wi th the Court's 12/12/13, and 1/27/14, orders as well as the requirements of FRCP 56 and Eastern District Local Rule 260(b), including but not limited to the filing of a Separate Statement of Disputed Facts. No later than 2/24/14, Defendant s hall also file a statement showing cause why sanctions should not be imposed for his failure to file an amended opposition in accordance with the Court's order. No later than 3/3/14, Plaintiff may file a Reply to Defendant's Amended Opposition.(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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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:10-cv-2591 MCE KJN

v.

ORDER AND ORDER TO SHOW CAUSE

JAMES O. MOLEN, et al.,

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Defendants.

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Defendant James Molen (“defendant”) is proceeding without counsel in this action.1 On

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November 22, 2013, plaintiff the United States (“plaintiff”) filed a Motion for Partial Summary

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Judgment. (Mot. for Summ. J., ECF No. 148.) On December 5, 2013, defendant filed his

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opposition, which focused primarily on the fact that plaintiff had filed its Motion for Partial

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Summary Judgment a day after the deadline for such a motion and raised discovery arguments,

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but did not address plaintiff’s motion on the merits. (ECF No. 155.) On December 12, 2103, the

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court issued an order requiring defendant to file an amended opposition to plaintiff’s Motion for

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Partial Summary Judgment no later than February 6, 2014, “that substantively addresses the

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arguments and factual/evidentiary assertions made in the pending motion and complies with the

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requirements of Federal Rule of Civil Procedure 56 and Eastern District Local Rule 260(b),

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This action was referred to the undersigned pursuant to Eastern District Local Rule 302(c)(21).
(ECF No. 11.)
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including but not limited to the filing of a Separate Statement of Disputed Facts.” (ECF No. 156

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at 3-4.) The court deemed plaintiff’s Motion for Partial Summary Judgment timely on January

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27, 2014, and further ordered defendant to file an amended opposition to plaintiff’s motion in

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accordance with the December 12, 2013, order no later than February 6, 2014. Although that

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deadline has now passed, defendant has not yet filed an opposition in accordance with the court’s

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order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 13, 2014, hearing is VACATED and CONTINUED until April 1, 2014.

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2. No later than February 24, 2014, defendant shall file an amended opposition that

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complies with the court’s December 12, 2013, and January 27, 2014, orders as well as the

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requirements of Federal Rule of Civil Procedure 56 and Eastern District Local Rule 260(b),

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including but not limited to the filing of a Separate Statement of Disputed Facts. Defendant is

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strongly cautioned that failure to file an amended opposition in a timely manner may result in the

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court treating defendant’s inaction as a statement of non-opposition to plaintiff’s Motion for

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Partial Summary Judgment, which will result in the court deciding plaintiff’s motion solely on

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plaintiff’s evidence, arguments in support of its motion, and its statement of undisputed facts.

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3. No later than February 24, 2014, defendant shall also file a statement showing cause

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why sanctions should not be imposed for his failure to an amended opposition in accordance with

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the court’s order.

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4. Failure to timely file an amended opposition or a response to this order to show cause,

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or both, may result in more severe sanctions, including the court deeming defendant’s inaction as

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a statement of non-opposition to plaintiff’s Motion for Partial Summary Judgment or other

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appropriate sanctions.

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5. No later than March 3, 2014, plaintiff may file a Reply to defendant’s above-described
Amended Opposition.
IT IS SO ORDERED.
Dated: February 14, 2014

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