Trujillo v. Hithe

Filing 80

ORDER signed by Magistrate Judge Allison Claire on 03/27/17 ordering that, within thirty days from the date of this order, plaintiff shall file an opposition or a statement of non-opposition to defendant Hithes motion to compel plaintiffs responses to defendants first set of interrogatories 79 . (Plummer, M) Modified on 3/28/2017 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

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No. 2:14-cv-0584 JAM AC P

Plaintiff,
v.

ORDER

HITHE, et al.,
Defendants.

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On March 9, 2017, defendant Hithe filed a motion to compel plaintiff’s responses to

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defendant’s first set of interrogatories pursuant to Federal Rule of Civil Procedure 37. ECF No.

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79. Plaintiff has not opposed the motion.

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On December 21, 2016, the court issued a discovery and scheduling order requiring

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discovery responses to be served no later than forty-five days after service of the requests. ECF

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No. 76 at 4. Defendant Hithe served his First Set of Interrogatories and First Set of Requests for

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Production of Documents on plaintiff on January 4, 2017. ECF No. 79-2 at 1-9. Defendant Hithe

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asserts that he has received plaintiff’s responses to the requests for production, but has not

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received any responses to the interrogatories. ECF No. 79-1 at 2; ECF No. 79-2 at 2, ¶ 3.

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Defendant Hithe seeks an order requiring plaintiff to serve responses to the First Set of

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Interrogatories, without objection, within thirty days from the date of any order granting this

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motion. ECF No. 79-1 at 2-3.
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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 July 17, 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. ECF No. 46 at 2-3.

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Accordingly, IT IS HEREBY ORDERED that, within thirty days from the date of this

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order, plaintiff shall file an opposition or a statement of non-opposition to defendant Hithe’s

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motion to compel plaintiff’s responses to defendant’s first set of interrogatories (ECF No. 79).

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Failure to respond to this order will result in the motion being granted and plaintiff will be

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ordered to respond to the interrogatories without objection.

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DATED: March 27, 2017

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