(PC) Gates v. Sergent et al

Filing 46

ORDER signed by Magistrate Judge Chi Soo Kim on 9/25/2024 ORDERING, within 30 days, plaintiff shall file an opposition, if any, to the 44 motion for summary judgment. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTIAN D. GATES,

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No. 2:22-cv-1576 DAD CSK P

Plaintiff,
v.

ORDER

S. SERGENT, et al.,
Defendants.

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On August 27, 2024, defendants filed a motion for summary judgment pursuant to Federal
Rule of Civil Procedure 56. (ECF No. 44.) Plaintiff did not oppose 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 . . . .” Local Rule 230(l). On April 20, 2023 (ECF No. 32) and August

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27, 2024 (ECF No. 44-7), plaintiff was advised of the requirements for filing an opposition to a

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motion and that failure to oppose such a motion may be deemed a waiver of opposition to the

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motion. See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957

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(9th Cir. 1998) (en banc).

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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.” Local Rule 110. In the order filed April 20, 2023, plaintiff was also advised that
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failure to comply with the Local Rules may result in a recommendation that the action be

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dismissed.

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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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Fed. R. Civ. P. 41(b).

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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 summary judgment.

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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. Said 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: September 25, 2024

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Gates1576.nop

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