Canada v. Hamkar

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/16 ordering that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD LEE CANADA,

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Plaintiff,

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v.

No. 2:14-cv-2990 WBS KJN P

ORDER

HAMKAR,

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Defendant.

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On September 20, 2016, defendant filed a motion for summary judgment pursuant to
Federal Rule of Civil Procedure 56. 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 September 29, 2015 and September 20, 2016, plaintiff

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was advised of the requirements for filing an opposition to a motion and that failure to oppose

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such a motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154

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F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th

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Cir. 1988).

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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 September 29, 2015, plaintiff was also advised that failure to
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comply 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 thirty days from the date
of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.

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Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack

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of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules

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and a court order. Such failure shall result in a recommendation that this action be dismissed

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

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Dated: November 14, 2016

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/cana2990nooppo.kjn

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