Porter v. Traquina
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 09/03/14 ordering that within 21 days of the date of this order, plaintiff shall file an opposition, if any, to defendant's motion to compel discovery. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SANTANA PORTER,
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Plaintiff,
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No. 2:12-cv-2266 TLN DAD P
v.
ORDER
DR. ALVARO C. TRAQUINA,
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Defendant.
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On July 22, 2014, defendant Traquina filed a motion to compel discovery pursuant to
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Federal Rule of Civil Procedure 37. 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 March 12, 2014, the court advised the parties that all
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motions concerning discovery must be briefed according to Local Rule 230(l) and that failure to
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oppose such a motion may be deemed a 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 March 12, 2014, plaintiff was advised that failure to comply with
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the 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 defendant’s motion to compel
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discovery. Failure to file an opposition will be deemed as a statement of non-opposition and shall
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result in a recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure
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41(b).1
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Dated: September 3, 2014
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DAD:9
port2266.46
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If plaintiff no longer wishes to pursue this action he may file a request to voluntarily dismiss this
case.
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