Banks, Sr. v. Regents of the University of California, et al.

Filing 57

ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/2015 ORDERING plaintiff to file, within 30 days, an opposition, if any, to the motion for summary judgment.(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

YUJUAN L. BANKS, SR.,

12

Plaintiff,

13
14
15

v.

No. 2:14-cv-0460 TLN KJN P

ORDER

U.C. REGENTS, et al.,
Defendants.

16
17

On May 8, 2015, defendants filed a motion for summary judgment pursuant to Federal

18

Rule of Civil Procedure 56. On June 4, 2015, the undersigned granted plaintiff a sixty days

19

extension of time to file his opposition. Plaintiff did not file an opposition within sixty days.

20

Local Rule 230(l) provides in part: “Failure of the responding party to file written

21

opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

22

the granting of the motion . . . .” On January 8, 2015 plaintiff was advised of the requirements for

23

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

24

waiver of opposition to the motion.

25

Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

26

imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

27

the Court.” In the order filed January 8, 2015, plaintiff was advised that failure to comply with

28

the Local Rules may result in a recommendation that the action be dismissed.
1

1

Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of

2

this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure

3

to file an opposition will be deemed as a statement of non-opposition and shall result in a

4

recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

5

Dated: August 11, 2015

6
7
8
9
10

Ba460.osc

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2