Bobby Lee Collins v. Kurgan, et al.

E.D. California

Bobby Lee Collins v. Kurgan, et al.

DecidedSeptember 17, 2025

Docket2:23-cv-01600

StatusUnknown

This text of Bobby Lee Collins v. Kurgan, et al. (Bobby Lee Collins v. Kurgan, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bobby Lee Collins v. Kurgan, et al., (E.D. Cal. 2025).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY LEE COLLINS, No. 2:23-cv-1600 CSK P 12 Plaintiff, 13 v. ORDER 14 KURGAN, et al., 15 Defendants. 16 17 On August 5, 2025, defendants filed a motion for summary judgment pursuant to Federal 18 Rule of Civil Procedure 56. Plaintiff did not oppose the motion. 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 . . . .” Local Rule 230(l). On August 5, 2025, defendants provided to 22 plaintiff the requirements for filing an opposition to a motion and that failure to oppose such a 23 motion may be deemed a waiver of opposition to the motion. (ECF No. 59-4 (citing Rand v. 24 Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc)).) 25 Rule 41(b) of the Federal Rules of Civil Procedure provides: 26 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 27 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 28 dismissal not under this rule—except one for lack of jurisdiction, ] improper venue, or failure to join a party under Rule 19—operates as 5 an adjudication on the merits.

3 || Fed. R. Civ. P. 41(b). 4 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 5 || of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. 6 || Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack 7 || of prosecution; and (b) action dismissed based on plaintiff's failure to comply with these rules g || and acourt order. Said failure shall result in a recommendation that this action be dismissed 9 || pursuant to Federal Rule of Civil Procedure 41(b). 10 11 || Dated: September 17, 2025 4 aA 1 Cnn Spo \L CHI S00 KIM 13 UNITED STATES MAGISTRATE JUDGE 14 || ‘vcoll1600.nop 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY LEE COLLINS, No. 2:23-cv-1600 CSK P 12 Plaintiff, 13 v. ORDER 14 KURGAN, et al., 15 Defendants. 16 17 On August 5, 2025, defendants filed a motion for summary judgment pursuant to Federal 18 Rule of Civil Procedure 56. Plaintiff did not oppose the motion. 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 . . . .” Local Rule 230(l). On August 5, 2025, defendants provided to 22 plaintiff the requirements for filing an opposition to a motion and that failure to oppose such a 23 motion may be deemed a waiver of opposition to the motion. (ECF No. 59-4 (citing Rand v. 24 Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc)).) 25 Rule 41(b) of the Federal Rules of Civil Procedure provides: 26 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 27 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 28 dismissal not under this rule—except one for lack of jurisdiction, ] improper venue, or failure to join a party under Rule 19—operates as 5 an adjudication on the merits.

3 || Fed. R. Civ. P. 41(b). 4 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 5 || of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. 6 || Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack 7 || of prosecution; and (b) action dismissed based on plaintiff's failure to comply with these rules g || and acourt order. Said failure shall result in a recommendation that this action be dismissed 9 || pursuant to Federal Rule of Civil Procedure 41(b). 10 11 || Dated: September 17, 2025 4 aA 1 Cnn Spo \L CHI S00 KIM 13 UNITED STATES MAGISTRATE JUDGE 14 || ‘vcoll1600.nop 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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