Tomasini v. Chau et al

Filing 75

ORDER signed by Magistrate Judge Allison Claire on 12/18/23 ORDERING, within 30 days, plaintiff shall file an opposition, if any, to the 74 Motion for Summary Judgment. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL C. TOMASINI,

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No. 2:18-cv-00286 DAD AC

Plaintiff,
v.

ORDER

JAMES CHAU, et al.,
Defendants.

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On October 26, 2023 defendants filed a motion for summary judgment pursuant to Rule
56 of the Federal Rules of Civil Procedure. 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 . . . .” On February 15, 2022 plaintiff was advised of the requirements

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

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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.” In the order filed February 15, 2022, plaintiff was advised that failure to comply with

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the Local Rules may result in a recommendation that the action be dismissed.

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Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of
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this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure

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to file an opposition will be deemed as a statement of non-opposition and shall result in a

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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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DATED: December 18, 2023

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