Fernandez v. California Department of Correction & Rehabilitation et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/14 ORDERING that within 21 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to quash subpoenas. Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a order quashing the subpoenas.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON ALEXANDER
FERNANDEZ,
Plaintiff,

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ORDER
v.

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CALIFORNIA DEPARTMENT OF
CORRECTION & REHABILITATION, et
al.,
Defendants.

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On December 9, 2013 defendant filed a motion to quash subpoenas pursuant to Federal

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No. 2:11-cv-01125 MCE KJN (PC)

Rule of Civil Procedure 45. ECF No. 52. 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 February 7, 2012 plaintiff was advised of the requirements

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

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waiver of opposition to the motion.1 ECF No. 11.

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See also ECF No. 36 at 5 (“If disputes arise about the parties’ obligations to respond to requests
for discovery, the parties shall comply with all pertinent rules including Rules 5, 7, 11, 26, and 37
of the Federal Rules of Civil Procedure and Rules 134, 135, 130, 131, 110, 142, and 230(l) of the
Local Rules of Practice for the United States District Court, Eastern District of California; unless
otherwise ordered, Local Rule 251 shall not apply.”).
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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 February 7, 2012, plaintiff was advised that failure to comply with

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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 the motion to quash subpoenas.

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Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a

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order quashing the subpoenas.

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Dated: January 7, 2014

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fern1125.ord

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