Fredeking et al v. Aurora Behavioral Health Center, Inc.
Filing
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ORDER on Motion to Dismiss [Doc. No. 4 ]. Signed by Judge Cathy Ann Bencivengo on 10/27/2017. (All non-registered users served via U.S. Mail Service)(jjg)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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ROBERT FREDEKING and CRYSTAL
ARANDA,
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ORDER ON MOTION TO DISMISS
[Doc. No. 4]
Plaintiffs,
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Case No.: 3:17-CV-01807-CAB-(KSC)
v.
AURORA BEHAVIORAL HEALTH
CENTER, INC,
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Defendant.
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On September 20, 2017, Defendant Aurora Behavioral Health Center, Inc. filed a
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motion to dismiss [Doc. No. 4]. More than a month has passed, and Plaintiffs have not
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filed an opposition.
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Civil Local Rule 7.1.e.2 requires a party opposing a motion file an opposition or
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statement of non-opposition within fourteen calendar days of the noticed hearing. CivLR
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7.1.e.2. Failure to comply with the local rules setting a deadline to oppose a motion “may
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constitute a consent to the granting of a motion.” CivLR 7.1.f.3.c. District courts have
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broad discretion to enact and apply local rules, including dismissal of a case for failure to
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comply with the local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (affirming
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grant of an unopposed motion to dismiss under local rule by deeming a pro se litigant’s
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3:17-CV-01807-CAB-(KSC)
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failure to oppose as consent to granting the motion). That Plaintiffs are proceeding pro se
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in this action does not excuse their failure to follow the rules of procedure that govern other
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litigants. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (“Pro se litigants must follow
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the same rules of procedure that govern other litigants.”).
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Here, Defendant filed proof of service of the motion, signaling that Plaintiffs were
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served at the address provided on the face of the complaint. [Doc. No. 5.] The motion had
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a noticed hearing date of October 25, 2017. Therefore, Plaintiffs’ opposition to the motion
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was due on October 11, 2017. As of the date of this order, Plaintiffs have not filed a
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response.
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Additionally, the Court has reviewed the complaint and notes that it fails to identify
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any claims asserted against Defendant and does not set forth any factual allegations. [Doc.
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No. 1.] See e.g., Bielma v. Bostic, Case No.: 15cv1606-MMA (BLM), 2016 WL 29624,
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*8 (S.D. Cal. Jan. 4, 2016) (quoting McHenry v. Renne, 84 F.3d 1172, 1180 (9th Cir. 1996))
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(A complaint that lacks “simplicity, conciseness and clarity as to whom plaintiffs are suing
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for what wrongs, fails to perform the essential elements of a complaint.”). Furthermore,
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the complaint purports to be a class action and a plaintiff appearing pro se cannot act as
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counsel for a class.
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In light of the foregoing, it is hereby ORDERED that Defendant’s motion to dismiss
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[Doc. No. 4] is GRANTED. It is further ORDERED that the complaint is DISMISSED
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WITHOUT PREJUDICE.
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It is SO ORDERED.
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Dated: October 27, 2017
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3:17-CV-01807-CAB-(KSC)
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