Rankin v. Suisun Police Department et al

Filing 49

ORDER signed by Magistrate Judge Dale A. Drozd on 3/4/13 ORDERING that Within fourteen (14) days of the date of this order, Plaintiff shall file an opposition, if any, to Defendants' MOTION for Summary Judgment or a statement of non-opposition to the motion. Failure to file and serve either an opposition or a statement of non-opposition to the motion within fourteen days may result in a recommendation that this action be dismissed pursuant FRCP 41(b); and The hearing date set for 3/7/13 on Defendants' MOTION for Summary judgment is VACATED.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN LORENZO RANKIN, Plaintiff, 11 12 No. 2: 11-cv-0145 MCE JFM (PS) vs. 13 SUISUN POLICE DEPARTMENT, et al., 14 Defendants. ORDER / 15 Plaintiff is proceeding in this action pro se. On January 30, 2013, defendants 16 17 Arroyo, Martinez and Sousa filed a motion for summary judgment. The motion was noticed for 18 hearing on March 7, 2013. Local Rule 230(c) states that opposition to the granting of the motion shall be in 19 20 writing and shall be filed and served not less than fourteen days preceding the noticed hearing 21 date. If a party has no opposition to the granting of the motion, the party shall serve and file a 22 statement to that effect. Plaintiff has not complied with the local rules by either filing an 23 opposition or statement of non-opposition to the defendants’ motion for summary judgment. 24 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 25 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 26 the Court.” 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Within fourteen (14) days of the date of this order, plaintiff shall file an 3 opposition, if any, to defendants’ motion for summary judgment or a statement of non-opposition 4 to the motion. Failure to file and serve either an opposition or a statement of non-opposition to 5 the motion within fourteen days may result in a recommendation that this action be dismissed 6 pursuant Federal Rule of Civil Procedure 41(b); and 7 2. The hearing date set for March 7, 2013 on defendants’ motion for summary 8 judgment is VACATED. 9 DATED: March 4, 2013. 10 11 12 13 14 rank0145.osc 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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