Lester

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEXANDER RODARTE, No. 2:24-cv-3428-DC-CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS KATHERINE LESTER, Defendant. 16 Plaintiff Alexander Rodarte filed this action in the Sacramento County Superior Court and defendant Katherine Lester removed it to this court on December 10, 2024.1 (ECF No. 1.) On December 11, 2024, defendant filed a motion to dismiss under Federal Rule of Civil Procedure 12 and set the hearing to take place on February 21, 2024. (ECF No. 3.) Plaintiff did not file a response to the motion to dismiss. Accordingly, on January 13, 2025, the court vacated the hearing, cautioned plaintiff that a written response to the motion was required, and ordered plaintiff to file an opposition or statement of non-opposition to the motion to dismiss within 14 days. (ECF No. 7.) Plaintiff was specifically warned that any further failure to respond would be construed as a non-opposition to the motion and constitute a…