Dwyer v. Eagle Marine Services, LTD. Oakland et al

Filing 21

ORDER re 16 MOTION to Dismiss filed by Eagle Marine Services, LTD. Oakland. Signed by Judge ARMSTRONG on 6/13/13. (lrc, COURT STAFF) (Filed on 6/12/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 MICHAEL C. DWYER,

Plaintiff,

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vs.

Case No: C 10-5734 SBA
ORDER DIRECTING PLAINTIFF
TO FILE RESPONSE TO
DEFENDANT’S MOTION TO
DISMISS

9 EAGLE MARINE SERVICES, LTD., et al.,

Defendants.

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On April 29, 2013, Defendant filed a motion to dismiss. Dkt. 16. Under Civil Local

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Rule 7-3(a), an opposition to a motion must be filed within fourteen days of the date the

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motion was filed, and the reply is due seven days thereafter. As such, Plaintiff’s response

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to the motion should have been filed by no later than May 13, 2013. To date, Plaintiff has

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not filed any response to Defendant’s motion.

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This Court’s Standing Orders warn that the failure to file a response to a motion may

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be construed as consent to the relief sought in the unopposed motion. Dkt. 7. As such, it is

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well within the discretion of the Court to grant Defendant’s motion as unopposed and

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dismiss the action. See Fed. R. Civ. P. 41(b); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

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1995). Nevertheless, mindful of its obligation to first consider to less drastic alternatives,

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the Court will afford Plaintiff one further opportunity to respond to the pending motion.

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Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiff shall have until June 26, 2013 to file

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and serve his response (i.e., either an opposition or a statement of non-opposition) to

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Defendant’s motion to dismiss. Plaintiff’s response shall comply in all respects with the

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Federal Rules of Civil Procedure and the Court’s Civil Local Rules including, without

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limitation, Civil Local Rules 7-3 through 7-5. PLAINTIFF IS WARNED THAT THE

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FAILURE TO FILE A RESPONSE BY THIS DEADLINE AND/OR TO COMPLY

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WITH THIS ORDER OR ANY OTHER APPLICABLE PROCEDURAL RULES

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WILL RESULT IN THE GRANTING OF THE PENDING MOTION AND THE

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DISMISSAL OF THIS ACTION. In the event Plaintiff timely files a response,

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Defendant may file a reply seven days after the deadline for Plaintiff’s response.

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IT IS SO ORDERED.
Dated: June 13, 2013

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL C. DWYER,
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Plaintiff,

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v.
EAGLE MARINE SERVICES, LTD. et al,
Defendant.
/

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Case Number: CV10-05734 SBA

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CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 12, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Michael C. Dwyer
10581 Englewood Drive
Oakland, CA 94605
Dated: June 12, 2013
Richard W. Wieking, Clerk

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By: Lisa Clark, Deputy Clerk

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