Redmond v. Unirush LLC et al

Filing 8

ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 9/28/13 ORDERING that plaintiff show cause in writing within twenty-one days of the date of this order why this case should not be dismissed for lack of prosecution. Failure to timely file the required writing will result in a recommendation that this case be dismissed. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CESARE REDMOND,

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No. 2:13-cv-1498 LKK DAD PS

Plaintiff,
v.

ORDER

VISA UNIRUSH CARD and MORGAN
GALSTER,
Defendants.
Plaintiff Cesare Redmond is proceeding pro se in this action. The action has

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therefore been referred to the undersigned pursuant to Local Rule 302(c)(21) for all purposes

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encompassed by that rule.

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On August 1, 2013, defendants filed a motion to dismiss and a proof of service.

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Pursuant to Local Rule 230(l), plaintiff’s opposition to the motion to dismiss was to be filed

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within twenty-one days after the date of service of the motion and the failure to file an opposition

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or statement of non-opposition may be deemed a waiver of opposition and may result in the

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imposition of sanctions. Id. The twenty-one day period has expired and plaintiff has failed to

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respond to the motion in any manner.

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Plaintiff is advised that the failure of a party to comply with the Local Rules or any

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order of the court “may be grounds for imposition by the Court of any and all sanctions

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authorized by statute or Rule or within the inherent power of the Court.” Local Rule 110. Any
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individual representing himself or herself without an attorney is bound by the Federal Rules of

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Civil Procedure, the Local Rules, and all applicable law. Local Rule 183(a). Failure to comply

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with applicable rules and law may be grounds for dismissal or any other sanction appropriate

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under the Local Rules. Id.

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Here, plaintiff has failed to comply with Local Rule 230. In light of plaintiff’s pro

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se status and in the interests of justice, the court will provide plaintiff with an opportunity to show

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good cause for his conduct along with a final opportunity to oppose defendants’ motion.

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Accordingly, the court HEREBY ORDERS that plaintiff show cause in writing

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within twenty-one days of the date of this order why this case should not be dismissed for lack of

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prosecution. Failure to timely file the required writing will result in a recommendation that this

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case be dismissed.

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Dated: September 28, 2013

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DAD:6
Ddad1\orders.pro se\redmond1498.osc.docx

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