Cortemanche v. Merriweather et al

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 1/23/2015 ORDERING that within 21 days, plaintiff shall file and serve an opposition to the 18 motion for summary judgment or statement of non-opposition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES CORTEMANCHE,

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No. 2:12-cv-2788 AC P

Plaintiff,
v.

ORDER

B. MERRIWEATHER, et al.,
Defendants.

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On April 3, 2014 defendants filed a motion for summary judgment. ECF No. 18. When

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plaintiff initially failed to respond to the motion after more than thirty days, the court allowed an

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additional thirty days and cautioned the plaintiff that failure to oppose the motion may be deemed

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a waiver of opposition to the motion and would result in defendants’ asserted facts being deemed

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undisputed for purposes of resolving the motion. ECF No. 21. On June 5, 2014, plaintiff

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requested a thirty-day extension of time, ECF No. 22, which the court granted by order dated June

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13, 2014, ECF No. 23. Six months have passed and plaintiff has not filed an opposition.

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Nevertheless, the court now grants plaintiff one final opportunity to oppose defendants’ motion

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for summary judgment.

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Good cause appearing, IT IS HEREBY ORDERED that within twenty-one days after the
filing date of this order, plaintiff shall file and serve an opposition to the motion for summary

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judgment or a statement of non-opposition.1 Failure to comply with this order will result in the

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dismissal without prejudice of this action for failure to prosecute pursuant to Federal Rule of Civil

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Procedure 41(b).

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DATED: January 23, 2015

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The requirements to oppose a motion for summary judgment are set forth in the court’s June 27,
2013 order (ECF No. 11 at 4-5) as well as the Rand notice provided by defendants (ECF No. 184).
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