Shah v. Employment Development Department

Filing 10

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 8/1/11 ORDERING the plaintiff to SHOW CAUSE, in writing, no later than 8/24/11, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opp osition to the pending motion. Opposition or statement of non-opposition due no later than 8/24/11. Defendant may file a reply to plaintiff's opposition, if any, on or before 8/31/11. Status Conference currently scheduled for 9/14/11 is CONTINUE D to 12/21/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. HEARING on defendant's 9 MOTION to DISMISS is CONTINUED to 9/7/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FERNANDO SHAH,
Plaintiff,

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No. CIV S-11-0318 GEB EFB PS

vs.
EMPLOYMENT DEVELOPMENT
DEPARTMENT,

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Defendant.

ORDER TO SHOW CAUSE
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This case, in which plaintiff is proceeding pro se and in forma pauperis, is before the

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undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C.

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§ 636(b)(1). On June 28, 2011, defendant filed a motion to dismiss plaintiff’s complaint, and

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noticed the motion to be heard on August 10, 2011. Dckt. No. 9.

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Court records reflect that plaintiff has not filed either an opposition or a statement of

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non-opposition to the motion. Local Rule 230(c) provides that opposition to the granting of a

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motion, or a statement of non-opposition thereto, must be served upon the moving party, and

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filed with this court, no later than fourteen days preceding the noticed hearing date or, in this

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instance, by July 27, 2011. Local Rule 230(c) further provides that “[n]o party will be entitled to

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be heard in opposition to a motion at oral arguments if opposition to the motion has not been

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timely filed by that party.”
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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be ground for dismissal,

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judgment by default, or other appropriate sanction. Local Rule 110 provides that failure to

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comply with the Local Rules “may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules

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is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing on defendant’s motion to dismiss, Dckt. No. 9, is continued to September

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7, 2011.

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2. Plaintiff shall show cause, in writing, no later than August 24, 2011, why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to

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the pending motion.

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3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition
thereto, no later than August 24, 2011.

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4. Failure of plaintiff to file an opposition will be deemed a statement of non-opposition

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to the pending motion, and may result in a recommendation that this action be dismissed for lack

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of prosecution and/or for failure to comply with court orders and this court’s Local Rules. See

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Fed. R. Civ. P. 41(b).

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5. Defendant may file a reply to plaintiff’s opposition, if any, on or before August 31,
2011.

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6. The status conference currently scheduled for September 14, 2011, is continued to

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December 21, 2011 at 10:00 a.m. in Courtroom No. 24.

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7. On or before December 7, 2011, the parties shall file status reports addressing the
matters referenced in the court’s May 5, 2011 order.
SO ORDERED.
DATED: August 1, 2011.

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