Brown v. Benavidez et al

Filing 74

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 5/26/2022 ORDERING defendants to show cause, within 14 days, why sanctions should not be imposed for their failure to timely file a response to plaintiff's 73 cross-motion for summary judgment. Within 14 days, defendants shall file either an opposition or statement of non-opposition to plaintiff's motion. Plaintiff may file a reply to defendants' opposition, if any, 14 days thereafter. Failure to comply with this order may result in the imposition of sanctions, including a recommendation that defendants' answer be stricken and their default entered. (Yin, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELI’EZER RE’UEL BEN-BINYAMIN,

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Plaintiff,
v.
C. RAMIREZ, et al.,
Defendants.

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Case No. 2:18-cv-01015-KJM-JDP (PC)
ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED
FOR FAILURE TO TIMELY FILE A
RESPONSE TO PLAINTIFF’S CROSSMOTION FOR SUMMARY JUDGMENT
ECF No. 73
FOURTEEN-DAY DEADLINE

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On January 10, 2022, plaintiff filed a cross-motion for summary judgment. ECF No. 73.
To date, defendants have not filed a response.
In cases where a party is incarcerated and proceeding without counsel, a responding party

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is required to file an opposition or statement of non-opposition not more twenty-one days after the

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date the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to file a

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statement of no opposition may be deemed a waiver of any opposition to the granting of the

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motion and may result in the imposition of sanctions.” Id.

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Defendants will be ordered to show cause why sanctions should not be imposed for their

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failure to timely file a response to plaintiff’s motion. ECF No. 54; see E.D. Cal. L.R. 110

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(“Failure of counsel or of a party to comply with [the Local] Rules or any order of the Court may

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be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or
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within the inherent power of the Court.”).

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Accordingly, it is hereby ORDERED that:

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1. Defendants shall show cause, within fourteen days of the date of this order, why

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sanctions should not be imposed for their failure to timely file a response to plaintiff’s motion.

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2. Within fourteen days of this order, defendants shall file either an opposition or
statement of non-opposition to plaintiff’s motion.

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3. Plaintiff may file a reply to defendants’ opposition, if any, fourteen days thereafter.

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4. Failure to comply with this order may result in the imposition of sanctions, including a

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recommendation that defendants’ answer be stricken and their default entered.

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IT IS SO ORDERED.

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Dated:
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May 26, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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