Cook v. Union Pacific Railroad Company et al

Filing 22

ORDER signed by Judge John A. Mendez on 9/16/2011 ORDERING that Dft Union Pacific Railroad Company's 16 Motion to Dismiss is GRANTED with prejudice. It is further ordered that, within 10 days, Nilesh Choudhary shall either pay sanctions of $150.00 to the Clerk of the Court, or submit a statement of good cause explaining his failure to comply with Local Rule 230(c). (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEAH COOK

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Case No. 10-CV-03091-JAM-CMK

Plaintiff,

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ORDER GRANTING DEFENDANT UNION
PACIFIC RAILROAD COMPANY’S
MOTION TO DISMISS

v.
UNION PACIFIC RAILROAD COMPANY;
CUSA ES, LLC; CUSA CSS, LLC;
and DOES 1-50,

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Defendants.
______________________________/

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This matter comes before the Court on Defendant Union

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Pacific Railroad Company’s (“Defendant”) Motion to Dismiss (Doc.

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16) Plaintiff Leah Cook’s (“Plaintiff”) First Amended Complaint

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(“FAC”) (Doc. 15), pursuant to Federal Rule of Civil Procedure

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12(b)(6). Plaintiff did not oppose the Motion to Dismiss.1

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Plaintiff did not file an opposition or statement of non-

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opposition to Defendant’s Motion to Dismiss. Local Rule 230(c)

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This motion was determined to be suitable for decision without
oral argument. E. D. Cal. L. R. 230(g). The hearing was
scheduled for September 7, 2011.
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requires a party responding to a motion to file either an

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opposition to the motion or a statement of non-opposition, no

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less than fourteen (14) days preceding the noticed hearing date.

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Local Rule 110 authorizes the Court to impose sanctions for

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“failure of counsel or of a party to comply with these Rules.”

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Therefore, the Court will sanction Plaintiff’s counsel,

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Choudhary Law Office, $150.00 unless it shows good cause for its

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failure to comply with the Local Rules.

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ORDER
After carefully considering the papers submitted in this

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matter, it is hereby ordered that Defendant’s Motion to Dismiss

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is GRANTED, WITH PREJUDICE.

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ten (10) days of this Order Nilesh Choudhary shall either (1)

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pay sanctions of $150.00 to the Clerk of the Court, or (2)

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It is further ordered that within

submit a statement of good cause explaining his failure to

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comply with Local Rule 230(c).
IT IS SO ORDERED.
Dated: September 16, 2011

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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