Quair v. Gertz

Filing 47

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/30/12: Within thirty days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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Plaintiff,

Defendant.

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ORDER

vs.
GERTZ,

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No. 2:11-cv-2293 JAM CKD P

On September 12, 2012, defendant filed a motion for summary judgment pursuant
to Federal Rule of Civil Procedure 56. 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 December 7, 2011 and again on September 18, 2012,

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plaintiff was advised of the requirements for filing an opposition to the motion and that failure to

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oppose such a motion may be deemed a waiver of opposition to the motion. Local Rule 110

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provides that failure to comply with the Local Rules “may be grounds for imposition of any and

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all sanctions authorized by statute or Rule or within the inherent power of the Court.”

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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 for summary judgment.

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

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Dated: October 30, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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quai2293.46.osc

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