(PC) Priest v. Kuersten ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID PRIEST, No. 2: 21-cv-0058 TLN KJN P 12 Plaintiff, 13 v. ORDER 14 BENTLEY, et al., 15 Defendants. 16 17 On December 22, 2022, defendants filed a supplemental summary judgment motion 18 pursuant to Federal Rule of Civil Procedure 56. (ECF No. 75.) Plaintiff did not oppose the 19 motion. 20 Local Rule 230(l) provides in part: “Failure of the responding party to file written 21 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 22 the granting of the motion . . . .” Id. On September 24, 2021 (ECF No. 28) and December 22, 23 2022 (ECF No. 75-3), plaintiff was advised of the requirements for filing an opposition to a 24 motion and that failure to oppose such a motion may be deemed a waiver of opposition to the 25 motion. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. 26 Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). 27 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 28 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 1 || the Court.” Id. In the order filed September 24, 2021, plaintiff was also advised that failure to 2 || comply with the Local Rules may result in a recommendation that the action be dismissed. 3 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 4 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 5 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 6 dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as 7 an adjudication on the merits. 8 | Id. 9 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 10 | of this order, plaintiff shall file an opposition, if any, to the supplemental motion for summary 11 || judgment. Failure to file an opposition will be deemed as consent to have the: (a) action 12 || dismissed for lack of prosecution; and (b) action dismissed based on plaintiffs failure to comply 13 || with these rules and a court order. Such failure shall result in a recommendation that this action 14 || be dismissed pursuant to Federal Rule of Civil Procedure 41(b). 15 || Dated: January 26, 2023 1 Se 6 AO Norra 17 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 18 19 20 21 Pr58.nop 22 23 24 25 26 27 28