Summary
The United States District Court for the Eastern District of California gives Plaintiff Alvera Dailey-Henry a final opportunity to respond to Defendant’s motions to compel written discovery responses and deposition attendance. The court orders Plaintiff to file an opposition or statement of non-opposition by May 26, 2025, warning that failure to respond may result in sanctions, including a recommendation of dismissal for failure to prosecute.
Holdings
- Because Plaintiff had not responded to Defendant's motions to compel, the court ordered her to file an opposition or statement of non-opposition by May 26, 2025, and warned that failure to do so would be deemed a waiver of opposition and could result in sanctions up to and including a recommendation that the action be dismissed for failure to prosecute.
Questions Presented
- Whether the court should provide Plaintiff an additional opportunity to respond to Defendant's motions to compel after Plaintiff failed to respond.
- Whether failure to respond to the motions to compel may be treated as a waiver of opposition and may support sanctions, including dismissal for failure to prosecute.
Disposition
other
Cases Cited (5)
- Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002)(followed)
- Ysaguirre v. Rodriguez, No. 2:23-cv-00327-DAC-AC (E.D. Cal. July 17, 2024) (Doc. 20)(followed)
- Rogers v. Bonta, No. 222CV314TLNKJNPS, 2022 WL 2719185, at *2 (E.D. Cal. July 13, 2022)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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