(PS) Ahmad v. Newsom

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NOMAN AHMAD, Case No. 2:23-cv-1378-JDP 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 GAVIN NEWSOM, LLC, et al., 15 Defendants. 16 17 On November 19, 2024, defendants filed motions to dismiss the second amended 18 complaint or, alternatively, for a more definite statement. ECF Nos. 46 & 47. To date, plaintiff 19 has not responded to either motion. 20 Under the court’s local rules, a responding party is required to file an opposition or 21 statement of non-opposition to a motion no later than fourteen days after the date it was filed. 22 E.D. Cal. L.R. 230(c). To manage its docket effectively, the court requires litigants to meet 23 certain deadlines. The court may impose sanctions, including dismissing a case, for failure to 24 comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon 25 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 26 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a 27 duty to administer justice expeditiously and avoid needless burden for the parties. See 28 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 1 The court will give plaintiff the opportunity to explain why sanctions should not be 2 | imposed for failure to file an opposition or statement of non-opposition to defendants’ motions. 3 | Plaintiff’s failure to respond to this order will constitute a failure to comply with a court order and 4 | will result in dismissal of this action. 5 Accordingly, it is hereby ORDERED that: 6 1. The January 9, 2025 hearing on defendants’ motions is continued to February 6, 2025, 7 | at 10:00 a.m., in Courtroom No. 9. 8 2. By no later than January 16, 2025, plaintiff shall file an opposition or statement of non- 9 | opposition to defendants’ motions. 10 3. Plaintiff shall show cause, by no later than January 16, 2025, why sanctions should not 11 | be imposed for failure to timely file an opposition or statement of non-opposition to defendants’ 12 | motion. 13 4. Defendants may file a reply to plaintiff's opposition, if any, no later than January 30, 14 | 2025. 15 16 IT IS SO ORDERED. 17 ( 1 Sy — Dated: _ December 30, 2024 18 JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE

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