Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 66

ORDER signed by Magistrate Judge Allison Claire on 03/25/15 ordering that within 7 days from the date of this order, plaintiff's counsel shall show cause why they should not be sanctioned $500.00 payable to the clerk of the court for failu re to respond to defendants motion to dismiss and for failing to appear at the 3/25/15 hearing. Counsel shall also show cause why failure to file an opposition should not be deemed as a statement of non-opposition and result in a recommendation that the motion to dismiss be granted. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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No. 2:12-cv-00414 MCE AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a state prisoner, proceeds through counsel with a third amended civil rights

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complaint filed pursuant to 42 U.S.C. § 1983. On February 19, 2015, defendants filed a motion to

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partially dismiss the third amended complaint pursuant to Federal Rule of Civil Procedure

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12(b)(6). ECF No. 62. No response to the motion to dismiss has been filed. A hearing on the

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motion to dismiss was set for March 25, 2015, at 10:00 a.m. Id.; ECF No. 64. Plaintiff’s counsel

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failed to appear.

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Local Rule 230(c) requires a party responding to a motion to file either an opposition to

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the motion or statement of non-opposition no less than fourteen days preceding the noticed

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hearing date. In addition, Local Rule 230(i) provides that failure to appear may be deemed

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withdrawal of opposition to the motion or may result in sanctions. Finally, Local Rule 110

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provides that failure to comply with the Local Rules “may be grounds for imposition by the Court
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of any and all sanctions authorized by statute or Rule or within the inherent power of the Court.”

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Plaintiff has previously been advised of the consequences of failing to file an opposition to a

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motion to dismiss and failing to appear, and that such failures may be deemed a waiver of

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opposition to the motion or result in sanctions. ECF No. 36.

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Accordingly, IT IS HEREBY ORDERED that within seven days of the date of this order,

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plaintiff’s counsel shall show cause why they should not be sanctioned $500.00, payable to the

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Clerk of the Court, for failing to respond to defendants’ motion to dismiss and for failing to

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appear at the March 25, 2015 hearing. Counsel shall also show cause why failure to file an

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opposition should not be deemed as a statement of non-opposition and result in a

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recommendation that the motion to dismiss be granted.

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DATED: March 25, 2015

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