(PC) Darbouze v. Hla

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEAN-MAX DARBOUZE, No. 2:23-cv-3055 CSK P 12 Plaintiff, 13 v. ORDER 14 DR. NYO HLA, 15 Defendant. 16 17 On September 24, 2024, defendant filed a motion for summary judgment pursuant to 18 Federal 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 June 5, 2024 and September 24, 2024, 22 plaintiff was advised of the requirements for filing an opposition to a motion and that failure to 23 oppose such a motion may be deemed a waiver of opposition to the motion. See Woods v. Carey, 24 684 F.3d 934 (9th Cir. 2012); Rand v. 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: October 28, 2024 4 aA 1 Cnn Spo \L CHI S00 KIM 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 | Dar3055.nop 17 || 2 18 19 20 21 22 23 24 25 26 27 28