Toth v. Dhillon et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 11/08/16 ordering that within 21 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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SCOTT TOTH,

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Plaintiff,

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No. 2:15-cv-1523 TLN KJN P

v.

ORDER

K. DHILLON, et al.,

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Defendants.

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On October 4, 2016, defendants filed a motion to dismiss pursuant to Federal Rule of

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Civil Procedure 41(b). 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 November 13, 2015, plaintiff was advised of the

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

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deemed a 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 November 13, 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.

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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one 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) action dismissed for lack of prosecution;

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and (b) action dismissed based on plaintiff’s failure to comply with these rules and a court order.

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Such failure shall result in a recommendation that this action be dismissed pursuant to Federal

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Rule of Civil Procedure 41(b).

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Dated: November 8, 2016

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/toth1523.nop

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