Delgado v. Bonta et al

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 1/17/23 ORDERING that plaintiff shall file an opposition -or a Statement of Non-Opposition - to the motion no later than 1/23/23. Failure to file an opposition will be deemed a statement of non-opposition and shall result in dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. (Kastilahn, A)

Case 2:22-cv-02139-AC Document 11 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER DELGADO,

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No. 2:22-cv-02139 AC

Plaintiffs,
v.

ORDER

ROBERT BONTA, et al.,

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Defendants.

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The parties have consented to the jurisdiction of the undersigned for all purposes in this

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case. ECF No. 10. On December 30, 2022, defendants filed a motion to dismiss. ECF No. 6.

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The hearing is set for February 8, 2023 at 10:00 a.m. in Courtroom 26 before the undersigned. Id.

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Plaintiff has not responded to the motion.

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Local Rule 230(c) provides that opposition to the granting of a motion must be filed

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fourteen days after the motion is filed. The Local Rule further provides that “[n]o party will be

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entitled to be heard in opposition to a motion at oral arguments if written opposition to the motion

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has not been timely filed by that party.” In addition, Local Rule 230(j) provides that failure to

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appear may be deemed withdrawal of opposition to the motion or may result in sanctions.

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Finally, 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.”
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Case 2:22-cv-02139-AC Document 11 Filed 01/17/23 Page 2 of 2
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Good cause appearing, IT IS HEREBY ORDERED that plaintiff shall file an opposition –

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or a Statement of Non-Opposition – to the motion no later than January 23, 2023. Failure to file

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an opposition will be deemed a statement of non-opposition and shall result in dismissal of this

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action pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.

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DATED: January 17, 2023

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