Arzaga v. Santiago et al

Filing 111

ORDER signed by Magistrate Judge Kendall J. Newman on 1/26/2022 ORDERING, within 30 days, plaintiff shall file an opposition, if any, to the 108 motion for summary judgment on the pleadings. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL ARZAGA,

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Plaintiff,

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No. 2:18-cv-0313 KJM KJN P

v.

ORDER

E. SANTIAGO, et al.,

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Defendants.

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On December 20, 2021, defendants Gisler and Pak filed a motion for judgment on the

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pleadings pursuant to Federal Rule of Civil Procedure 12(c). Plaintiff did not oppose the motion.

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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 March 19, 2019, 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. (ECF No. 20.)

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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 March 19, 2019, 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. (ECF

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No. 20.)
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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.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date

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of this order, plaintiff shall file an opposition, if any, to the motion for judgment on the pleadings.

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Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack

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of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules

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and a court order. Such failure shall result in a recommendation that this action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: January 26, 2022

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/arza0313.nop

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