Summary
The United States District Court for the Eastern District of California addresses plaintiff’s failure to respond to defendant’s motion to dismiss. The court continues the hearing, orders plaintiff to file an opposition or statement of non-opposition, and requires plaintiff to show cause why sanctions, including dismissal, should not be imposed.
Holdings
- A district court may impose sanctions, including dismissal, when a party fails to comply with court orders or applicable local rules; here, the court required plaintiff to show cause why sanctions should not be imposed and warned that failure to comply with the new order would result in dismissal.
Questions Presented
- Whether the court should require plaintiff to show cause why sanctions should not be imposed for failing to timely respond to defendant's motion to dismiss.
- Whether the hearing on defendant's motion to dismiss should be continued and plaintiff required to file an opposition or statement of non-opposition.
Disposition
other
Cases Cited (3)
- 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)
Cited In (0)
No citing cases on record yet.
Court Document
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