Saling v. Royal, et al

Filing 11

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/24/2013 ORDERING that the hearing on defendant's motion to dismiss is CONTINUED to 8/28/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; plaintiff shall SHOW CAUSE, in writing, no later than 8/14/2013, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion; defendants may file a reply to the opposition on or before 8/21/2013; th e 9/25/13 status (pretrial scheduling) conference is CONTINUED to 12/18/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; on or before 12/4/2013 the parties shall file status reports in accordance with the 5/24/13 order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAMMY SALING,

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No. 2:13-cv-1039-TLN-EFB PS

Plaintiff,
v.

ORDER

KEITH ROYAL, Sheriff of Nevada
County, California; and GAYLE
SATCHWELL, Former Director of Human
Resources, Nevada County,
Defendants.

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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to

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Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On June 24,

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2013, defendants filed a motion to dismiss plaintiff’s complaint, and noticed the motion for

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hearing on July 31, 2013. ECF No. 7.

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Court records reflect that plaintiff has not filed an opposition or a statement of non-

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opposition to the motion to dismiss. Local Rule 230(c) provides that opposition to the granting of

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a motion, or a statement of non-opposition thereto, must be served upon the moving party, and

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filed with this court, no later than fourteen days preceding the noticed hearing date or, in this

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instance, by July 17, 2013. Local Rule 230(c) further provides that “[n]o party will be entitled to

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be heard in opposition to a motion at oral arguments if opposition to the motion has not been

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timely filed by that party.”
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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be ground for dismissal,

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judgment by default, or other appropriate sanction. Local Rule 110 provides that failure to

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comply with the Local Rules “may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules

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is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987).

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing on defendants’ motion to dismiss, ECF No. 7, is continued to August 28,

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2013 at 10:00 a.m. in Courtroom No. 8.

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2. Plaintiff shall show cause, in writing, no later than August 14, 2013, why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to

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the pending motion.

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3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,
no later than August 14, 2013.

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4. Failure of plaintiff to file an opposition to the motion will be deemed a statement of

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non-opposition thereto, and may result in a recommendation that this action be dismissed for lack

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of prosecution and/or for failure to comply with court orders and this court’s Local Rules. See

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Fed. R. Civ. P. 41(b).

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5. Defendants may file a reply to plaintiff’s opposition, if any, on or before August 21,
2013.

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6. The status (pretrial scheduling) conference currently set for September 25, 2013 is

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continued to December 18, 2013 at 10:00 a.m. in Courtroom No. 8.

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7. On or before December 4, 2013, the parties shall file status reports in accordance with

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the May 24, 2013 order.

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SO ORDERED.

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Dated: July 24, 2013.

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