Opinion
Reginald Tapp, Plaintiff, Pro se, Los Angeles, CA.
For United States of America, Defendant: Garrett Coyle, LEAD ATTORNEY, Office of U.S. Attorney, Los Angeles, CA.
For Lee Blackman, Mediator (ADR Panel): Lee L Blackman, Blackman ADR Services, Rolling Hills Estates, CA.
PROCEEDINGS (IN CHAMBERS): ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [filed 7/20/2015; Docket No. 59]
JOHN F. WALTER, UNITED STATES DISTRICT JUDGE.
On July 20, 2015, Defendant United States of America (" Defendant") filed a Motion for Summary Judgment. Plaintiff Reginald Tapp (" Plaintiff") did not file an Opposition. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for August 17, 2015 is hereby vacated and the matter taken off calendar. After considering the moving papers, and the arguments therein, the Court rules as follows:
On July 30, 2015, the Court issued an order affording Plaintiff a final opportunity to retain new counsel before ruling on Defendant's Motion for Summary Judgment. The Court warned Plaintiff that if new counsel had not entered an appearance on behalf of Plaintiff on or before August 7, 2015, the Court would rule on Defendant's Motion for Summary Judgment. As of August 7, 2015, Plaintiff has not retained new counsel. Accordingly, the Court now rules on Defendant's Motion for Summary Judgment.
Plaintiff failed to file an Opposition or Statement of Genuine Disputes as required by Local Rule 56-2. See Local Rule 56-2 (providing that " [a]ny party who opposes the motion shall serve and file with [its] opposing papers a separate document containing a concise 'Statement of Genuine Disputes' setting forth all material facts as to which it is contended there exists a genuine dispute necessary to be litigated"). " In determining any motion for summary judgment or partial summary judgment, the Court may assume that the material facts as claimed and adequately supported by the moving party are admitted to exist without controversy except to the extent that such material facts are (a) included in the 'Statement of Genuine Disputes' and (b) controverted by declaration or other written evidence filed in opposition to the motion." Local Rule 56-3; see also Moreno v. Baca, 2002 WL 434596, at *4 (C.D. Cal. Mar. 18, 2002) (granting summary judgment and noting that " Plaintiff has not filed a document containing a 'Statement of Issues' setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated, as required by Local Rule 56-2. Therefore, as directed by Local Rule 56-3, the Court assumes that the material facts as claimed and adequately supported by the moving party are admitted to exist without controversy.").
The Court acknowledges that summary judgment cannot be sustained solely on the ground that the opposing party failed to file opposition papers. See Cusano v. Klein, 264 F.3d 936, 950 (9th Cir. 2001). Rather, summary judgment is proper where " the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). The moving party has the burden of demonstrating the absence of a genuine issue of fact for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
For the reasons stated in Defendant's Motion for Summary Judgment, and based on the undisputed facts in Defendant's Statement of Uncontroverted Facts and Conclusions of Law, Defendant has established that it is entitled to summary judgment. Accordingly, Defendant's Motion for Summary Judgment is GRANTED.
IT IS SO ORDERED.
JUDGMENT
The Court, having granted the Defendant United States of America's Motion for Summary Judgment based on its determination that there was no genuine issue as to any material fact and that Defendant United States of America was entitled to judgment as a matter of law on all claims for relief alleged against it, IT IS NOW, THEREFORE, HEREBY ORDERED, ADJUDGED AND DECREED, that judgment is entered in this action as follows:
1. Plaintiff Reginald Tapp shall recover nothing from Defendant United States of America;
2. Defendant United States of America shall have judgment in its favor on Plaintiff Reginald Tapp's entire action; and
3. Defendant United States of America shall recover from Plaintiff its costs of suit in the sum of $ .