M.F. v. Sierra-Plumas Joint Unified School District ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 M.F., et al., Case No. 2:24-cv-1009-JDP 12 Plaintiffs, 13 v. ORDER TO SHOW CAUSE 14 SIERRA-PLUMAS JOINT UNIFIED SCHOOL DISTRICT, et al., 15 Defendants. 16 17 18 On October 11, 2024, defendants Meschery and Sierra-Plumas Joint United School 19 District filed motions to dismiss and strike portions of plaintiffs’ first amended complaint. ECF 20 Nos. 28 & 29. To date, plaintiffs have not filed a response to either motion. 21 Under the court’s local rules, a responding party is required to file an opposition or 22 statement of non-opposition to a motion no later than fourteen days after the date it was filed. 23 E.D. Cal. L.R. 230(c). To manage its docket effectively, the court requires litigants to meet 24 certain deadlines. The court may impose sanctions, including dismissing a case, for failure to 25 comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon 26 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 27 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a 28 1 || duty to administer justice expeditiously and avoid needless burden for the parties. See 2 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 The court will give plaintiffs the opportunity to explain why sanctions should not be 4 || imposed for failure to file an opposition or statement of non-opposition to defendants’ motions. 5 || Plaintiffs’ failure to respond to this order will constitute a failure to comply with a court order and 6 || will result in dismissal of this action. 7 Accordingly, it is hereby ORDERED that: 8 1. The December 12, 2024 hearing on defendants’ motions is continued to January 16, 9 | 2025, at 10:00 a.m., in Courtroom No. 9. 10 2. By no later than December 5, 2024, plaintiffs shall file an opposition or statement of 11 || non-opposition to defendants’ motions. 12 3. Plaintiffs shall show cause, by no later than December 5, 2024, why sanctions should 13 || not be imposed for failure to timely file an opposition or statement of non-opposition to 14 || defendants’ motion. 15 4. Defendants may file a reply to plaintiffs’ opposition, if any, no later than December 19, 16 | 2024. 17 18 IT IS SO ORDERED. 19 ( 1 St = Dated: _ November 19, 2024 ———- 20 JEREMY D. PETERSON 51 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28