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Aussieker v. Walsh, 2:18-cv-2769-KJM-EFB PS. (2019)

Court: District Court, E.D. California Number: infdco20190208b85 Visitors: 12
Filed: Feb. 07, 2019
Latest Update: Feb. 07, 2019
Summary: ORDER AND ORDER TO SHOW CAUSE EDMUND F. BRENNAN , Magistrate Judge . Defendant Richard Walsh filed a motion to set aside the entry of his default, which he noticed for hearing on February 13, 2019. ECF No. 14. Court records reflect that plaintiff has not filed an opposition or statement of non-opposition to the motion. Local Rule 230(c) provides that opposition to the granting of a motion, or a statement of non-opposition thereto, must be served upon the moving party, and filed with this c
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ORDER AND ORDER TO SHOW CAUSE

Defendant Richard Walsh filed a motion to set aside the entry of his default, which he noticed for hearing on February 13, 2019. ECF No. 14. Court records reflect that plaintiff has not filed an opposition or statement of non-opposition to the motion.

Local Rule 230(c) provides that opposition to the granting of a motion, or a statement of non-opposition thereto, must be served upon the moving party, and filed with this court, no later than fourteen days preceding the noticed hearing date or, in this instance, by January 30, 2019. Local Rule 230(c) further provides that "[n]o party will be entitled to be heard in opposition to a motion at oral arguments if opposition to the motion has not been timely filed by that party." Local Rule 183, governing persons appearing in pro se, provides that failure to comply with the Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal, judgment by default, or other appropriate sanctions. Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." See also Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) ("Failure to follow a district court's local rules is a proper ground for dismissal."). Pro se litigants are bound by the rules of procedure, even though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

Accordingly, good cause appearing, it is hereby ORDERED that:

1. The hearing on defendant's motion to set aside the entry of default (ECF No. 14) and plaintiff's motion for default judgment (ECF No. 9) is continued to April 10, 2019 at 10:00 a.m. in Courtroom No. 8.1

2. Plaintiff shall show cause, in writing, no later than March 20, 2019, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to defendant's motion.

3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto, no later than March 20, 2019.

4. Failure to file an opposition to the motion will be deemed a statement of non-opposition thereto, and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules. See Fed. R. Civ. P. 41(b).

5. Defendant may file a reply to plaintiff's opposition, if any, on or before April 3, 2019.

FootNotes


1. The court will also address plaintiff's request for permission to file electronically, ECF No. 16, at the April 10, 2019 hearing.
Source:  Leagle

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