(PS) Parlante v. American River College

Filing 22

ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/1/2022 CONTINUING the Motion Hearing to 9/8/2022 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. By no later than 8/25/2022, plaintiff shall file an opposition or statement of non-opposition to defendant's motion for summary judgment. Plaintiff shall show cause, by no later than 8/25/2022, why sanctions should not be imposed for failure to timely file an opposition or statement of non-opposition to defendant's motion. Defendant may file a reply to plaintiff's opposition, if any, no later than 9/1/2022.(Perdue, C.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PARLANTE,

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Plaintiff,
v.

Case No. 2:20-cv-02268-KJM-JDP (PS)
ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED
FOR FAILURE TO COMPLY WITH LOCAL
RULES

AMERICAN RIVER COLLEGE,
ECF No. 19
Defendant.

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On July 6, 2022, defendant filed a motion for summary judgment. ECF No. 19. To date,
plaintiff has not filed a response to the motion.
Under the court’s local rules, a responding party is required to file an opposition or

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statement of non-opposition to a motion no later than fourteen days after the date it was filed.

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E.D. Cal. L.R. 230(c). To manage its docket effectively, the court requires litigants to meet

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certain deadlines. The court may impose sanctions, including dismissing a case, for failure to

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comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon

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Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d

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1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a

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duty to administer justice expeditiously and avoid needless burden for the parties. See

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Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

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The court will give plaintiff the opportunity to explain why sanctions should not be

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imposed for failure to file an opposition or statement of non-opposition to defendant’s motion.

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Plaintiff’s failure to respond to this order will constitute a failure to comply with a court order and

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will result in a recommendation that this action be dismissed.

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Accordingly, it is hereby ORDERED that:

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1. The August 11, 2022 hearing on defendant’s motion for summary judgment is

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continued to September 8, 2022, at 10:00 a.m., in Courtroom No. 9.

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2. By no later than August 25, 2022, plaintiff shall file an opposition or statement of nonopposition to defendant’s motion for summary judgment. See ECF No. 19.

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3. Plaintiff shall show cause, by no later than August 25, 2022, why sanctions should not

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be imposed for failure to timely file an opposition or statement of non-opposition to defendant’s

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motion.
4. Defendant may file a reply to plaintiff’s opposition, if any, no later than September 1,

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2022.

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5. Failure to comply with this order may result in a recommendation that this action be

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dismissed for lack of prosecution, failure to comply with court orders, and failure to comply with

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local rules.

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IT IS SO ORDERED.

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Dated:
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August 1, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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