Gates v. Amtrak

Filing 6

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHAN GATES,

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No. 2:17-cv-1615-TLN-EFB PS

Plaintiff,
v.

ORDER AND ORDER TO SHOW CAUSE

NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRAK, a
corporation, and DOES 1 through 30,
inclusive,
Defendant.

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On August 8, 2017, defendant filed a motion to dismiss pursuant to Federal Rule of Civil

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Procedure 12(b)(6), and noticed the motion for hearing on September 20, 2017. ECF No. 4.

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Court records reflect that plaintiff has not filed an opposition or statement of non-opposition to

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the motion.

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Local Rule 230(c) provides that opposition to the granting of a motion, or a statement of

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non-opposition thereto, must be served upon the moving party, and filed with this court, no later

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than fourteen days preceding the noticed hearing date or, in this instance, by September 6, 2017.

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Local Rule 230(c) further provides that “[n]o party will be entitled to be heard in opposition to a

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motion at oral arguments if opposition to the motion has not been timely filed by that party.”

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Local Rule 183, governing persons appearing in pro se, provides that failure to comply with the
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Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal, judgment by

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default, or other appropriate sanctions. Local Rule 110 provides that failure to comply with the

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Local Rules “may be grounds for imposition by the Court of any and all sanctions authorized by

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statute or Rule or within the inherent power of the Court.” See also Ghazali v. Moran, 46 F.3d

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52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules is a proper ground for

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dismissal.”). Pro se litigants are bound by the rules of procedure, even though pleadings are

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liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

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Accordingly, good cause appearing, it is hereby ORDERED that:

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1. The hearing on defendant’s motion to dismiss (ECF No. 4) is continued to November

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22, 2017 at 10:00 a.m. in Courtroom No. 8.

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2. Plaintiff shall show cause, in writing, no later than November 8, 2017, why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to

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the pending motion.

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3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,
no later than November 8, 2017.

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4. Failure to file an opposition to the motion will be deemed a statement of non-

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opposition thereto, and may result in a recommendation that this action be dismissed for lack of

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prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed.

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R. Civ. P. 41(b).

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5. Defendants may file a reply to plaintiff’s opposition, if any, on or before November 15,

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2017.

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DATED: September 11, 2017.

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