Torcedo

(PC) Diaz v. Torcedo

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20242:21-cv-00916California535 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELIPE POLANCO DIAZ, No. 2:21-cv-0916 KJM CSK P Plaintiff, v. ORDER MARIA TORCEDO,1 Defendant. 16 On August 5, 2024, defendant Torcedo filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff did not oppose the motion. Local Rule 230(l) 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 . . . .” Id. On February 7, 2024 (ECF No. 42), and August 5, 2024 (ECF No. 57-5), plaintiff was advised of the requirements for filing an opposition to a motion and that failure to oppose such a motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc); Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).

On February 21, 2023, plaintiff filed a second amended complaint naming…

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