Case Information
*1 Case 1:11-cv-01689-AWI-GSA Document 43 Filed 03/25/14 Page 1 of 2
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA EDIN A. CHACON, 1:11-cv-01689-AWI-GSA-PC Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON- OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS WITHIN THIRTY DAYS vs. J. CERRINI, et al.,
(Doc. 39.) Defendants.
On February 13, 2014, defendants Tyree and Rivera ("Defendants") filed a motion to dismiss. (Doc. 39.) Plaintiff was required to file an opposition or a statement of non- opposition to the motion within twenty-one days, but has not done so. Local Rule 230( l ).
Local Rule 230( l ) provides that the failure to oppose a motion "may be deemed a waiver of any opposition to the granting of the motion..." The court may deem any failure to oppose Defendant’s motion to dismiss as a waiver, and recommend that the motion be granted on that basis.
Failure to follow a district court's local rules is a proper grounds for dismissal. U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979). Thus, a court may dismiss an action for Plaintiff's failure to oppose a motion to dismiss, where the applicable local rule determines that failure to oppose a motion will be deemed a waiver of opposition. See Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995), cert. denied 516 U.S. 838 (1995) (dismissal upheld even where plaintiff contends he
*2 Case 1:11-cv-01689-AWI-GSA Document 43 Filed 03/25/14 Page 2 of 2 did not receive motion to dismiss, where plaintiff had adequate notice, pursuant to Fed. R. Civ. P. 5(b), and time to file opposition); cf. Marshall v. Gates, 44 F.3d 722, 725 (9th Cir. 1995); Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50 (9th Cir. 1993) (motion for summary judgment cannot be granted simply as a sanction for a local rules violation, without an appropriate exercise of discretion).
Accordingly, within thirty days of the date of service of this order, Plaintiff shall file an opposition or statement of non-opposition to the motion to dismiss filed by Defendants on February 13, 2014. If Plaintiff fails to comply with this order, the Court may deem the failure to respond as a waiver, and recommend that the motion be granted on that basis.
IT IS SO ORDERED.
Dated: March 25, 2014 /s/ Gary S. Austin