Opinion

(PS) Meyer v. Central Valley Flood Protection Board

Court
District Court, E.D. California
Filed
Feb 23, 2024
Cited by
0 cases
Authority
More cited than 18.5%

The opinion

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11 LIAM MEYER, Case No. 2:23-cv-02979-DAD-JDP (PS)

12 Plaintiff,

13 v. ORDER TO SHOW CAUSE

14 CENTRAL VALLEY FLOOD

PROTECTION BOARD,

15

Defendant.

16

17

18 On January 22, 2024, defendant filed a motion to remand this action to state court. ECF

19 No. 3. To date, plaintiff has not filed a response.

20 Under the court’s local rules, a responding party is required to file an opposition or

21 statement of non-opposition to a motion no later than fourteen days after the date it was filed.

22 E.D. Cal. L.R. 230(c). To manage its docket effectively, the court requires litigants to meet

23 certain deadlines. The court may impose sanctions, including dismissing a case, for failure to

24 comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon

25 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d

26 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a

27 duty to administer justice expeditiously and avoid needless burden for the parties. See

28 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

1 The court will give plaintiff the opportunity to explain why sanctions should not be

2 | imposed for failure to file an opposition or statement of non-opposition to defendant’s motion.

3 | Plaintiff’s failure to respond to this order will constitute a failure to comply with a court order and

4 | will result in a recommendation that his claims be dismissed.

5 Accordingly, it is hereby ORDERED that:

6 1. The March 7, 2024 hearing on defendant’s motion to remand is continued to April 11,

7 | 2024, at 10:00 a.m., in Courtroom No. 9.

8 2. By no later than March 14, 2024, plaintiff shall file an opposition or statement of non-

9 | opposition to defendant’s motion to remand. See ECF No. 3.

10 3. Plaintiff shall show cause, by no later than March 14, 2024, why sanctions should not

11 | be imposed for failure to timely file an opposition or statement of non-opposition to defendant’s

12 | motion.

13 4. Defendant may file a reply to plaintiffs opposition, if any, no later than March 28,

14 | 2024.

15 5. Failure to comply with this order may result in a recommendation that defendant’s

16 | motion be granted, or plaintiffs claims be dismissed.

17

18 IT IS SO ORDERED.

19 ( 1 Sty —

Dated: _ February 23, 2024

20 JEREMY D. PETERSON

UNITED STATES MAGISTRATE JUDGE

22

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.