Barnett v. California Department of Motor Vehicles et al

Filing 77

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/7/24 VACATING the 5/29/24 motion for summary judgment hearing date. Plaintiff shall file a written opposition (or a statement of non-opposition) to the motion for summary judgment within 14 days after service of this order. Defendant may file a written reply to any opposition filed by plaintiff within 10 days of plaintiff's filing. The court will take this matter under submission upon conclusion of this briefing schedule. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERTA BARNETT,

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No. 2:17-cv-01517-TLN-CKD (PS)

Plaintiff,
ORDER

v.
CALIFORNIA DEPARTMENT OF
MOTOR VEHICLES, et al.,
Defendants.

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Plaintiff, who proceeds without counsel, initiated this action with a complaint filed on July

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20, 2017. (See ECF No. 1.) This matter is before the undersigned pursuant to 28 U.S.C. §

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636(b)(1) and E.D. Cal. Local Rule 302(c)(21).

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On April 19, 2024, defendants filed a motion for summary judgment. (ECF No. 76.)
Plaintiff did not file a timely opposition to the motion for summary judgment.
The court will provide plaintiff a further opportunity to respond to the pending motion for

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summary judgment within 14 days after service of this order. Plaintiff is cautioned that any

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further failure to respond will be construed as plaintiff’s non-opposition to the motion which

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would constitute grounds for dismissal under Rule 41(b).

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Local Rule 230(c) states “[n]o party will be entitled to be heard in opposition to a motion
at oral arguments if opposition to the motion has not been timely filed by that party....”
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Accordingly, the hearing set for May 29, 2024, is vacated. After the conclusion of briefing, the

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motion will be submitted for decision on the record and written briefing pursuant to Local Rule

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230(g). If the court subsequently determines that supplemental briefing or oral argument is

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necessary, the parties will be notified accordingly.

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For the reasons set forth above, IT IS HEREBY ORDERED as follows:

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1.

The May 29, 2024, hearing is VACATED.

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2.

Plaintiff shall file a written opposition (or a statement of non-opposition) to the

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motion for summary judgment within 14 days after service of this order. Failure to

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do so will be deemed a statement of non-opposition and consent to the granting of

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the motion and may constitute an additional ground for the imposition of

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appropriate sanctions, including a recommendation that plaintiff’s case be

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involuntarily dismissed with prejudice pursuant to Federal Rule of Civil Procedure

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41(b).

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3.

Defendant may file a written reply to any opposition filed by plaintiff within 10

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days of plaintiff’s filing. The court will take this matter under submission upon

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conclusion of this briefing schedule.

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Dated: May 7, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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barn17cv1517.nooppo

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