Carrasquillo v. Delbaso

• Court: District Court, M.D. Pennsylvania
• Decided: July 25, 2019
• Docket: 3:19-cv-00853
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

VICTOR DAVID CARRASQUILLO, : CIVIL NO. 3:19-CV-0853

Plaintiff : (Judge Mariani)

Vv. : (Magistrate Judge Saporito) Wi FILED THERESA DELBASO, et al., LKES BAPRE Defendants JUL 25 □□□ □□□ ss ORDER DEPUTY CLERK

In the instant case, defendants filed a motion to dismiss plaintiff's

complaint and a brief in support on June 28, 2019... (Docs. 7 and 8).

The Local Rules of Court require a party to file an opposition brief

within fourteen (14) days of the brief in support of a motion to dismiss.

See L.R. 7.6. The Local Rules also provide that failure to comply with

the briefing schedule will render the motion uncontested. Id. Plaintiff

has failed to file a timely brief.

The Third Circuit Court of Appeals has noted that “there may be

some cases where the failure to a party to oppose a motion will indicate

that the motion is in fact not opposed.” Stackhouse v. Mazurkiewicz,

951 F.2d 29, 30 (3d Cir. 1992). Before granting a motion as unopposed,

we must warn the plaintiff of that imminent possibility and order him

to file a brief. AND NOW, this 25 day of July, 2019, IT IS HEREBY

ORDERED THAT plaintiff file a brief in opposition to defendants’ Doc.

7 motion to dismiss within ten (10) days of the date of this Order. Ifa

timely brief is not filed, the Court will deem the motion as unopposed.

OSEPH F.S RITO, ‘SR. United States Magistrate Judge