Armstead v. Virga et al

Filing 81

ORDER signed by Magistrate Judge Kendall J. Newman on 08/16/13 ordering that within 21 days of the date of this order, plaintiff shall file an opposition, if any, to defendants' motion for judgment on the pleadings. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES ARMSTEAD,

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Plaintiff,

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No. 2: 11-cv-1054 JAM KJN P

v.

ORDER

TIM V. VIRGA, et al.,

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Defendants.

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On July 12, 2013, defendants Virga and Mini filed a motion for judgment on the pleadings

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pursuant to Federal Rule of Civil Procedure 12(c). Plaintiff has not opposed the motion.
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 September 22, 2011, plaintiff was advised of the

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requirements for filing an opposition to the motion and that failure to oppose such a motion may

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be deemed a 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

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” In the order filed September 22, 2011, plaintiff was advised that failure to comply

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with the Local Rules may result in a recommendation that the action be dismissed.

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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days of the

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date of this order, plaintiff shall file an opposition, if any, to defendants’ motion for judgment on

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the pleadings. Failure to file an opposition will be deemed as a statement of non-opposition and

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shall result in a recommendation that this action be dismissed pursuant Federal Rule of Civil

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Procedure 41(b).

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Dated: August 16, 2013

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Arm1054.ord

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