Michael A. Baker v. Iur Urs Wehinger

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 18-5800-DMG (Ex) Date October 20, 2021

Title Michael A. Baker v. Urs Wehinger, et al. Page 1 of

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE RE PLAINTIFF’S

MOTION FOR PARTIAL SUMMARY JUDGMENT [136]

On July 30, 2021, Plaintiff Michael Baker filed a Motion for Partial Summary Judgment (“MSJ”). [Doc. #136.] Defendants did not file an opposition, and the Court took the motion under submission on September 16, 2021. [Doc. # 144.]

The Ninth Circuit has made clear that a nonmoving party’s failure to oppose a motion for summary judgment “does not excuse the moving party’s affirmative duty under Rule 56 to demonstrate its entitlement to judgment as a matter of law.” Martinez v. Stanford, 323 F.3d 1178, 1182 (9th Cir. 2003) (discussing grant of summary …