Arocha v. Sauceda et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/2013 ORDERING that, within 21 days, plaintiff shall file an opposition, if any, to the 66 motion to dismiss. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RUDY AROCHA,
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No. 2:11-cv-2959 KJN P
Plaintiff,
v.
ORDER
E. SAUCEDA, et al.,
Defendants.
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On August 26, 2013, defendants Miranda, Abshire, Alziebler, Hernandez and Pagala filed
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a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b) and 12(b)(6). Plaintiff has
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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 June 11, 2013, 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 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 June 13, 2013, plaintiff was advised that failure to comply with the
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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 dismiss. Failure to file
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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: September 25, 2013
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ar2959.osc
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