J & J Sports Producions, Inc. v. Napuri

Filing 31

ORDER re 23 MOTION for Summary Judgment filed by J & J Sports Producions, Inc.. Signed by Judge ARMSTRONG on 3/6/12. (lrc, COURT STAFF) (Filed on 3/7/2012)

1
2

UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4

OAKLAND DIVISION

5
6 J & J SPORTS PRODUCTIONS, INC.,

Plaintiff,

7
8

vs.

Case No: C 10-04171 SBA
ORDER
Docket 23.

9 ULISES CONSTANTINO NAPURI,

individually and d/b/a INCAS GRILL,
10

Defendant.
11
12
13

On October 18, 2011, Plaintiff filed a motion for partial summary judgment under

14

Rule 56 of the Federal Rules of Civil Procedure. Dkt. 23. Defendant’s opposition was due

15

on November 1, 2011. To date, Defendant has not filed an opposition to the motion for

16

partial summary judgment. Nor has Defendant sought an extension of time to file an

17

opposition. As such, the Court orders Defendant to file an opposition to Plaintiff’s motion

18

for partial summary judgment, or a statement of non-opposition as required under Civil

19

Local Rule 7-3(b), by no later than twenty-one (21) days from the date of this Order.

20

“A district court may not grant a motion for summary judgment simply because the

21

nonmoving party does not file opposing material, even if the failure to oppose violates a

22

local rule.” Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir. 1994). However, where a local

23

rule “does not require, but merely permits the court to grant a motion for summary

24

judgment, the district court has discretion to determine whether noncompliance should be

25

deemed consent to the motion.” Id. This Court’s Standing Orders provides: “The failure of

26

the opposing party to file a memorandum of points and authorities in opposition to any

27

motion shall constitute consent to the granting of the motion.” Civil Standing Order at 5.

28

1

Accordingly, Defendant is cautioned that failure to file a timely written opposition to

2

Plaintiff’s motion for partial summary judgment shall be construed by the Court as consent

3

to the granting of the motion.

4

IT IS SO ORDERED.

5

Dated: 3/6/12

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-