Opinion
No. CIV S-07-1002 GEB KJM P.
May 30, 2008
ORDER
On January 18, 2008, defendants filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). On February 15, 2008, plaintiff was granted a sixty day extension of time to file an opposition to defendants' motion to dismiss. Plaintiff has not filed his opposition.
Local Rule 78-230(m) provides in part: "Failure of the responding party to file written opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion. . . ." On November 13, 2007, plaintiff was advised of the requirements for filing an opposition to the motion and that failure to oppose such a motion may be deemed a waiver of opposition to the motion.
Local Rule 11-110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." In the order filed November 13, 2007, plaintiff was advised that failure to comply with the Local Rules may result in a recommendation that the action be dismissed.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).