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Case Number: 2:20-cv-01580-JAM-CKD
Judge: John A. Mendez
Court: United States District Court for the Eastern District of California (Sacramento County)
Defendant's Attorney: William Dean Carter
Description: Sacramento, California personal injury lawyers represented Plaintiff, who sued Defendant United States of America on a Federal Tort Claims Act negligence theory.
04/18/2022 18 MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 4/18/2022: On March 14, 2022, the United States filed a motion to dismiss based on Plaintiff's failure to prosecute. Mot., ECF No. 16 . Plaintiff's opposition was due "no later than fourteen (14) days after the motion was filed." E.D. Cal. L.R. 230(c). However, Plaintiff did not file an opposition by March 28, 2022. As the United States argues in reply, see ECF No. 17 , failure to timely file opposition to a motion "may... be construed by the Court as a non-opposition to the motion." E.D. Cal. L.R. 230(c). Plaintiff's failure to file an opposition "strongly suggests that plaintiff is not interested in seriously prosecuting [her case]." Castañeda v. Amtrak, No. 2:12-cv-0524-KJN PS, 2013 WL 5718870, at *2 (E.D. Cal. Oct. 16, 2013) ("Any further time spent by the court on this case, which plaintiff has demonstrated a lack of any serious intention to pursue, will consume scarce judicial resources and take away from other active cases.") Given Plaintiff's failure to oppose the present motion and persistent failure to prosecute her claims in the leadup to this motion, the Court GRANTS the United States' motion. IT IS SO ORDERED. CASE CLOSED. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 04/18/2022)
04/18/2022 19 JUDGMENT dated *4/18/2022* pursuant to order issued by District Judge John A. Mendez on 4/18/2022. (Michel, G.) (Entered: 04/18/2022)