Hasan v. Johnson
Filing
37
ORDER signed by Magistrate Judge Gary S. Austin on 11/7/2011 requiring plaintiff to file opposition or statement of non-opposition re 28 MOTION to DISMISS. (Filing Deadline: 12/7/2011). (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAWWAAD HASAN,
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Plaintiff,
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1:08-cv-00381-GSA-PC
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT JOHNSON’S
MOTION TO DISMISS WITHIN THIRTY
DAYS
v.
B. JOHNSON, et al.,
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Defendants.
(Doc. 28.)
/
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On June 20, 2011, defendant Johnson ("Defendant") filed a motion to dismiss. (Doc. 28.)
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Plaintiff was required to file an opposition or a statement of non-opposition to the motion within
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twenty-one days, but has not done so. Local Rule 230(l).
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Local Rule 230(l) provides that the failure to oppose a motion "may be deemed a waiver
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of any opposition to the granting of the motion..." The court will deem any failure to oppose
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Defendant's motion to dismiss as a waiver, and recommend that the motion be granted on that
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basis.
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Failure to follow a district court's local rules is a proper grounds for dismissal. U.S. v.
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Warren, 601 F.2d 471, 474 (9th Cir. 1979). Thus, a court may dismiss an action for plaintiff's
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failure to oppose a motion to dismiss, where the applicable local rule determines that failure to
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oppose a motion will be deemed a waiver of opposition. See Ghazali v. Moran, 46 F.3d 52 (9th
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Cir. 1995), cert. denied 516 U.S. 838 (1995) (dismissal upheld even where plaintiff contends he
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did not receive motion to dismiss, where plaintiff had adequate notice, pursuant to Fed. R. Civ.
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P. 5(b), and time to file opposition); cf. Marshall v. Gates, 44 F.3d 722, 725 (9th Cir. 1995);
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Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50 (9th Cir. 1993) (motion for summary
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judgment cannot be granted simply as a sanction for a local rules violation, without an
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appropriate exercise of discretion).
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Accordingly, within thirty days of the date of service of this order, Plaintiff shall file an
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opposition or statement of non-opposition to the motion to dismiss filed by Defendant. If
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Plaintiff fails to comply with this order, the Court will deem the failure to respond as a waiver,
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and recommend that the motion be granted on that basis.
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IT IS SO ORDERED.
Dated:
6i0kij
November 7, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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