Pinola v. Virga, et al

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 11/3/11 ORDERING that within 21 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RATAJA PINOLA,

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Plaintiff,
vs.
TIM V. VIRGA, et al.,
Defendants.

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No. 2: 11-cv-1165 KJM KJN P

ORDER
/

On September 28, 2011, defendants filed a motion to dismiss pursuant to Federal
Rule of Civil Procedure 12(b)(6). 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 June 15, 2011, plaintiff was advised of the requirements for

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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.

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Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.” In the order filed June 15, 2011, plaintiff was advised

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

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of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure

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

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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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DATED: November 3, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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rat1165.osc

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