J & J Sports Producions, Inc. v. Napuri
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)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
6 J & J SPORTS PRODUCTIONS, INC.,
Case No: C 10-04171 SBA
9 ULISES CONSTANTINO NAPURI,
individually and d/b/a INCAS GRILL,
On October 18, 2011, Plaintiff filed a motion for partial summary judgment under
Rule 56 of the Federal Rules of Civil Procedure. Dkt. 23. Defendant’s opposition was due
on November 1, 2011. To date, Defendant has not filed an opposition to the motion for
partial summary judgment. Nor has Defendant sought an extension of time to file an
opposition. As such, the Court orders Defendant to file an opposition to Plaintiff’s motion
for partial summary judgment, or a statement of non-opposition as required under Civil
Local Rule 7-3(b), by no later than twenty-one (21) days from the date of this Order.
“A district court may not grant a motion for summary judgment simply because the
nonmoving party does not file opposing material, even if the failure to oppose violates a
local rule.” Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir. 1994). However, where a local
rule “does not require, but merely permits the court to grant a motion for summary
judgment, the district court has discretion to determine whether noncompliance should be
deemed consent to the motion.” Id. This Court’s Standing Orders provides: “The failure of
the opposing party to file a memorandum of points and authorities in opposition to any
motion shall constitute consent to the granting of the motion.” Civil Standing Order at 5.
Accordingly, Defendant is cautioned that failure to file a timely written opposition to
Plaintiff’s motion for partial summary judgment shall be construed by the Court as consent
to the granting of the motion.
IT IS SO ORDERED.
SAUNDRA BROWN ARMSTRONG
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?