Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Tempe Police Dept., et al. 13 14 15 16 On August 9, 2005, Defendants filed a Motion to Dismiss. Because the Plaintiff is Defendants. vs. Tekenni Hawk Montez, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. CV 03-1347-PHX-SRB ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

17 acting pro se in this matter, the Court advises the Plaintiff of the following: 18 I. 19 RULE 7.2(i) CAUTIONARY NOTICE LRCiv 7.2(i) states in relevant part: "[I]f the opposing party does not serve and file the

20 required answering memoranda . . . such non-compliance may be deemed a consent to the 21 denial or granting of the motion and the Court may dispose of the motion summarily." See 22 D.Ariz. R. 1.10(i); see also Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir. 1994). Plaintiff 23 should take notice that failure to respond to the Defendants' Motion by the deadline set forth 24 in this Order will result in the Court deeming the Defendants' Motion as being unopposed and 25 consented to by the Plaintiff. See Brydges, 18 F.3d at 652 (affirming the district court's 26 summary granting of a motion for summary judgment under Local Rule 7.2(i) when 27 non-moving party was given express warning of consequences of failing to respond). 28
Case 2:03-cv-01347-SRB Document 21 Filed 08/17/2005 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

It is the Plaintiff's obligation to timely respond to all motions. The Defendants' Motion will be summarily granted if Plaintiff fails to respond in accordance with the provisions of this Order. II. RULE 41 CAUTIONARY NOTICE The Plaintiff should also take notice that if he fails to timely comply with every provision of this Order, or any other order of the Court entered in this matter, his Complaint and this action may also be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (holding that the district court may dismiss an action for failure to comply with any order of the court), cert denied, 506 U.S. 915 (1992). Therefore, the Plaintiff is warned that failure to strictly adhere to the provisions of this or any other Court Order will result in dismissal of the Plaintiff's Complaint pursuant to Rule 41. Accordingly, IT IS ORDERED that Plaintiff shall file with the Clerk of the Court and serve on opposing counsel a responsive memorandum to Defendants' Motion to Dismiss no later than August 31, 2005.

DATED this 17th day of August, 2005.

-2Case 2:03-cv-01347-SRB Document 21 Filed 08/17/2005 Page 2 of 2