Kemper v. Pie, et al.

Filing 52

ORDER signed by Magistrate Judge Kendall J. Newman on 06/10/16 ordering that, within fourteen days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WINSTON KEMPER,

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Plaintiff,

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No. 2:14-cv-0305 TLN KJN P

v.

ORDER

DR. CROSSON, et al.,

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Defendants.

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On April 29, 2016, defendant Pai filed a motion to dismiss pursuant to Federal Rule of

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Civil Procedure 12. 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 . . . .” Id. On March 4, 2015, plaintiff was advised of the requirements

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for filing an opposition to a motion and that failure to oppose such a motion may be deemed a

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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.” Id. In the order filed March 4, 2015, plaintiff was also advised that failure to comply

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with the Local Rules may result in a recommendation that the action be dismissed.

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Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

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Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or
to comply with these rules or a court order, a defendant may move
to dismiss the action or any claim against it. Unless the dismissal
order states otherwise, a dismissal under this subdivision (b) and
any dismissal not under this rule--except one for lack of
jurisdiction, improper venue, or failure to join a party under Rule
19--operates as an adjudication on the merits.

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Id.
Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days from the

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date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file

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an opposition will be deemed as consent to have the: (a) plaintiff’s claims against Dr. Pai

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dismissed for lack of prosecution; and (b) the action dismissed based on plaintiff’s failure to

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comply with these rules and a court order. Such failure shall result in a recommendation that this

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action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: June 10, 2016

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/kemp0305.nop

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