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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
BRANDON ALEXANDER
FERNANDEZ,
Plaintiff,
13
ORDER
v.
14
15
16
CALIFORNIA DEPARTMENT OF
CORRECTION & REHABILITATION, et
al.,
Defendants.
17
On December 9, 2013 defendant filed a motion to quash subpoenas pursuant to Federal
18
19
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
20
21
opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
22
the granting of the motion . . . .” On February 7, 2012 plaintiff was advised of the requirements
23
for filing an opposition to the motion and that failure to oppose such a motion may be deemed a
24
waiver of opposition to the motion.1 ECF No. 11.
25
////
26
1
27
28
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.”).
1
1
Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for
2
imposition of any and all sanctions authorized by statute or Rule or within the inherent power of
3
the Court.” In the order filed February 7, 2012, plaintiff was advised that failure to comply with
4
the Local Rules may result in a recommendation that the action be dismissed.
5
Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days of the
6
date of this order, plaintiff shall file an opposition, if any, to the motion to quash subpoenas.
7
Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a
8
order quashing the subpoenas.
9
Dated: January 7, 2014
10
11
fern1125.ord
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?