Dailey-Henry v. Land O'Lake, Inc.

Dailey-Henry · United States District Court for the Eastern District of California · May 14, 2025 · No. 1:24-cv-00347-KES-SKO

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

  1. 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

  1. Whether the court should provide Plaintiff an additional opportunity to respond to Defendant's motions to compel after Plaintiff failed to respond.
  2. 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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