Flattum v. State of California Department of Consumer Affairs et al

Filing 32

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 6/11/2013 VACATING the 6/20/2013 hearing on the 28 Motion to Dismiss. The Motion will be SUBMITTED on the papers. Plaintiff shall SHOW CAUSE, in writing, no later than 7/5/2013 why this action should not be dismissed for failure timely to file opposition or a statement of non-opposition to the pending motion. Opposition or Statement of non-opposition due by 7/5/2013.(Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GORDON H. FLATTUM,

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Plaintiff,

No. 2:11-cv-2711 LKK GGH PS

vs.
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STATE OF CALIFORNIA DEPARTMENT
OF CONSUMER AFFAIRS, et al.,

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Defendants.

ORDER AND
/

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ORDER TO SHOW CAUSE

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Plaintiff is proceeding pro se in this action, referred to the undersigned pursuant to

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Local Rule 302(c)(21). Defendants’ motion to dismiss is presently noticed for hearing on the

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June 20, 2013, law and motion calendar of the undersigned. Opposition to motions, or a

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statement of non-opposition thereto, must be filed fourteen days preceding the noticed hearing

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date. E.D. Cal. L. R. 230(c). Court records reflect that plaintiff failed to file opposition or a

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statement of non-opposition to the motion.

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Failure to comply with the Local Rules “may be grounds for imposition by the

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

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Court.” E.D. Cal. L. R. 110; see Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Additionally,

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“[n]o party will be entitled to be heard in opposition to a motion at oral arguments

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if written opposition to the motion has not been timely filed.” E.D. Cal. L. R. 230(c).1 Pro se

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litigants are bound by the rules of procedure, even though pleadings are liberally construed in

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their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987); Jacobsen v. Filler, 790 F.2d 1362,

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1364-65 (9th Cir.1986). The Local Rules specifically provide that cases of persons appearing in

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propria persona who fail to comply with the Federal and Local Rules are subject to dismissal,

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judgment by default, and other appropriate sanctions. E.D. Cal. L. R. 183.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of June 20, 2013 is vacated and the motion will be submitted

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on the papers.

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2. Plaintiff shall show cause, in writing, no later than July 5, 2013 why this action

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should not be dismissed for failure timely to file opposition or a statement of non-opposition to

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the pending motion.

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3. Plaintiff is directed to file opposition, if any, to the motion, or a statement of

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non-opposition thereto, no later than July 5, 2013. Failure to file opposition, or to file a

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statement of non-opposition, will be deemed a statement of non-opposition, and shall result in a

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recommendation that this action be dismissed.

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DATED: June 11, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076:Flattum2711.osc.wpd

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Moreover, failure to appear at hearing may be deemed withdrawal of opposition to a
motion or may result in sanctions. E.D. Cal. L. R. 230(j).
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