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Doe v. Lassen Community College Dist.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 23, 2010

X. DOE PLAINTIFF,
v.
LASSEN COMMUNITY COLLEGE DISTRICT, CHRIS ALBERICO, MARY ELIZABETH ALBERICO BERRY MURPHY, AND HOMER CISSELL, DEFENDANTS.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on Defendant Homer Cissell's ("Defendant's") Motion for Summary Judgment (Doc. 93).*fn1 After a careful review of the record and the pleadings submitted herein, in addition to Plaintiff's failure to file an Opposition to Defendant's Motion for Summary Judgment, the Court hereby finds there are no genuine issues of material fact for trial. Accordingly, Defendants' motion for summary judgment is GRANTED.

Furthermore, Local Rule 230(c) requires a party responding to a motion to file either an opposition to the motion or a statement of non-opposition, no less than fourteen (14) days preceding the noticed hearing date. Local Rule 110 authorizes the Court to impose sanctions for "failure of counsel or of a party to comply with these Rules." Therefore, the Court will sanction Plaintiff's counsel, Treva Jean Hearne, $150.00, unless she shows good cause for her failure to comply with the Local Rules.

ORDER

For the reasons set forth above, Defendant Homer Cissell's Motion for Summary Judgment is GRANTED.

It is further ordered, within ten (10) days of the date of this Order, attorney Treva Jean Hearne must either (1) submit a statement of good cause for her failure to comply with the local rules, or (2) pay a sanction in the amount of $150.00 to the Clerk of the Court.

IT IS SO ORDERED.


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