Lester

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEXANDER RODARTE, No. 2:24-cv-3428-DC-CKD (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATHERINE LESTER, 15 Defendant. 16 17 Plaintiff Alexander Rodarte filed this action in the Sacramento County Superior Court and 18 defendant Katherine Lester removed it to this court on December 10, 2024.1 (ECF No. 1.) On 19 December 11, 2024, defendant filed a motion to dismiss under Federal Rule of Civil Procedure 12 20 and set the hearing to take place on February 21, 2024. (ECF No. 3.) Plaintiff did not file a 21 response to the motion to dismiss. Accordingly, on January 13, 2025, the court vacated the 22 hearing, cautioned plaintiff that a written response to the motion was required, and ordered 23 plaintiff to file an opposition or statement of non-opposition to the motion to dismiss within 14 24 days. (ECF No. 7.) Plaintiff was specifically warned that any further failure to respond would be 25 construed as a non-opposition to the motion and constitute a…