Gates v. Amtrak
ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 9/11/17 ORDERING that the hearing on Defendant's MOTION to DISMISS 4 is CONTINUED to 11/22/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Br ennan. Plaintiff shall show cause, in writing, no later than 11/8/17, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending Motion. Plaintiff shall file an opposition to the motion, or a statement of non- opposition thereto, no later than 11/8/17. Defendants may file a reply to Plaintiff's opposition, if any, on or before 11/15/17. (Mena-Sanchez, L)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:17-cv-1615-TLN-EFB PS
ORDER AND ORDER TO SHOW CAUSE
NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK, a
corporation, and DOES 1 through 30,
On August 8, 2017, defendant filed a motion to dismiss pursuant to Federal Rule of Civil
Procedure 12(b)(6), and noticed the motion for hearing on September 20, 2017. ECF No. 4.
Court records reflect that plaintiff has not filed an opposition or statement of non-opposition to
Local Rule 230(c) provides that opposition to the granting of a motion, or a statement of
non-opposition thereto, must be served upon the moving party, and filed with this court, no later
than fourteen days preceding the noticed hearing date or, in this instance, by September 6, 2017.
Local Rule 230(c) further provides that “[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.”
Local Rule 183, governing persons appearing in pro se, provides that failure to comply with the
Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal, judgment by
default, or other appropriate sanctions. Local Rule 110 provides that failure to comply with the
Local Rules “may be grounds for imposition by the Court of any and all sanctions authorized by
statute or Rule or within the inherent power of the Court.” See also Ghazali v. Moran, 46 F.3d
52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules is a proper ground for
dismissal.”). Pro se litigants are bound by the rules of procedure, even though pleadings are
liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).
Accordingly, good cause appearing, it is hereby ORDERED that:
1. The hearing on defendant’s motion to dismiss (ECF No. 4) is continued to November
22, 2017 at 10:00 a.m. in Courtroom No. 8.
2. Plaintiff shall show cause, in writing, no later than November 8, 2017, why sanctions
should not be imposed for failure to timely file an opposition or a statement of non-opposition to
the pending motion.
3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,
no later than November 8, 2017.
4. Failure to file an opposition to the motion will be deemed a statement of non-
opposition thereto, and may result in a recommendation that this action be dismissed for lack of
prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed.
R. Civ. P. 41(b).
5. Defendants may file a reply to plaintiff’s opposition, if any, on or before November 15,
DATED: September 11, 2017.
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