(PC) Morris v. Modhaddam ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CONDALEE MORRIS, No. 2: 18-cv-2850 MCE KJN P 12 Plaintiff, 13 v. ORDER 14 G. MODHADDAM, et al., 15 Defendants. 16 17 On June 1, 2020, defendant Moghaddam filed a motion for summary judgment pursuant to 18 Federal Rule of Civil Procedure 56. Plaintiff did not oppose the motion.1 19 Local Rule 230(l) provides in part: “Failure of the responding party to file written 20 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 21 the granting of the motion . . . .” Id. On October 26, 2020 and June 1, 2021, plaintiff was advised 22 of the requirements for filing an opposition to a motion and that failure to oppose such a motion 23 may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 952, 957 24 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). 25 //// 26 27 1 On June 14, 2021, the court granted the motions for summary judgment filed by defendants Bishop and Tesluk. (ECF No. 100.) Defendant Moghaddam is the remaining defendant in this 28 action. 1 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 2 || imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 3 | the Court.” Id. In the order filed October 26, 2020, plaintiff was also advised that failure to 4 | comply with the Local Rules may result in a recommendation that the action be dismissed. 5 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 6 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 7 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 8 dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as 9 an adjudication on the merits. 10 |} Id. 11 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 12 || of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. 13 || Failure to file an opposition will be deemed as consent to have the: (a) the remaining claims 14 | against defendant Moghaddam dismissed for lack of prosecution; and (b) the remaining claims 15 || against defendant Moghaddam dismissed based on plaintiff's failure to comply with these rules 16 || and acourt order. Such failure shall result in a recommendation that this action be dismissed 17 || pursuant to Federal Rule of Civil Procedure 41(b). 18 || Dated: July 9, 2021 19 Ad 20 KENDALL J. Wha UNITED STATES MAGISTRATE JUDGE 21 22 Mo2850.nop 23 24 25 26 27 28