Salado v. Sisto et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/2011 ORDERING that, within 30 days, Pltf shall file an opposition, if any, to the 15 Motion to Dismiss. (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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MARTIN SALADO,
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Plaintiff,
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vs.
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No. 2:11-cv-0611 KJN P
D.K. SISTO, et al.,
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Defendants.
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On July 19, 2011, defendant Rice1 filed a motion to dismiss pursuant to Federal
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ORDER
Rule of Civil Procedure 12(b)(6). Plaintiff has not opposed the motion.
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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 . . . .” On May 20, 2011, plaintiff was advised of the requirements for
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filing an opposition to a motion and that failure to oppose such a motion may be deemed a
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waiver of opposition to the motion.
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Local Rule 110 provides that failure to comply with the Local Rules “may be
grounds for imposition of any and all sanctions authorized by statute or Rule or within the
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Defendant Sisto was dismissed on May 23, 2011. Defendant Conrad signed a waiver of
service of process on June 10, 2011.
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inherent power of the Court.” In the order filed May 20, 2011, plaintiff was also advised that
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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.
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Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the
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date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file
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an opposition will be deemed as consent to have the: (a) pending motion granted; and (b)
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plaintiff’s claims against defendant Rice dismissed for lack of prosecution. Such a failure shall
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result in a recommendation that defendant Rice’s motion to dismiss be granted.
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DATED: August 23, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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sala0611.noop
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