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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES CORTEMANCHE, 12 13 14 15 No. 2:12-cv-2788 AC P Plaintiff, v. ORDER B. MERRIWEATHER, et al., Defendants. 16 17 On April 3, 2014 defendants filed a motion for summary judgment. ECF No. 18. When 18 plaintiff initially failed to respond to the motion after more than thirty days, the court allowed an 19 additional thirty days and cautioned the plaintiff that failure to oppose the motion may be deemed 20 a waiver of opposition to the motion and would result in defendants’ asserted facts being deemed 21 undisputed for purposes of resolving the motion. ECF No. 21. On June 5, 2014, plaintiff 22 requested a thirty-day extension of time, ECF No. 22, which the court granted by order dated June 23 13, 2014, ECF No. 23. Six months have passed and plaintiff has not filed an opposition. 24 Nevertheless, the court now grants plaintiff one final opportunity to oppose defendants’ motion 25 for summary judgment. 26 27 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 28 1 1 judgment or a statement of non-opposition.1 Failure to comply with this order will result in the 2 dismissal without prejudice of this action for failure to prosecute pursuant to Federal Rule of Civil 3 Procedure 41(b). 4 DATED: January 23, 2015 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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). 2

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