Padilla v. United Parcel Service Company
Filing
60
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND VACATING HEARING by Judge Alsup granting 44 Motion for Summary Judgment; granting 57 Motion for Summary Judgment (whalc2, COURT STAFF) (Filed on 9/2/2008) (Additional attachment(s) added on 9/2/2008: # 1 Certificate of Service) (dt, COURT STAFF).
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1 2 3 4 5 6 7 8 9 10 TERESA PADILLA, Plaintiff, v. UNITED PARCEL SERVICE COMPANY dba UNITED PARCEL SERVICE CO. (AIR), and DOES 150, inclusive, Defendants. / ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND VACATING HEARING No. C 07-02396 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
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Defendants moved for summary judgment against plaintiff Teresa Padilla, who alleged the following claims against UPS: (i) discrimination based on physical disability, (ii) retaliation; and (iii) failure to prevent discrimination. She also claimed punitive damages. Although Ms. Padilla filed this lawsuit in state court in 2006 (and it was removed to federal court in 2007), she has repeatedly missed deadlines and failed to prosecute her case. A previous order dated August 25, 2008 noted that Ms. Padilla did not file a timely opposition to defendants' motion for summary judgment, in accordance with the civil local rules. The order then gave Ms. Padilla an extra week to file an opposition, stating that, "[i]f plaintiff does not file a timely opposition, the motion will be deemed unopposed" (Dkt. No. 58).
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No opposition has been forthcoming. Accordingly, defendants' motion for summary judgment is deemed unopposed by Ms. Padilla. The motion is GRANTED. Because oral argument is unnecessary, the hearing set for September 18, 2008, is VACATED.
IT IS SO ORDERED.
Dated: September 2, 2008.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
United States District Court
11
For the Northern District of California
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