UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL

Case No. CV 21-5574-DFM Date: January 12, 2024 Title Connie Parker v. Steven Rodriguez et al.

Present: The Honorable Douglas F. McCormick, United States Magistrate Judge Nanay Bosh | Deputy Clerk Court Reporter Attorney(s) for Plaintiff(s): Attorney(s) for Defendant(s): Not Present Not Present Proceedings: (IN CHAMBERS) Order to Show Cause

On December 6, 2023, Plaintiff moved for summary judgment. See Dkt. 149. On December 18, Defendant sought leave to use the CM/ECF system and a two-day extension to file his opposition. See Dkt. 154. On December 19, the Court granted both requests. See Dkt. 155. Now, a month later, Defendant has not filed his opposition or sought another extension. “Ninth Circuit precedent bars district courts from granting summary judgment simply a party fails to file an opposition or violates a local rule” and the court has an “obligation analyze the record to determine whether any disputed material fact was present.” Ahanchian v. Pictures, Inc.,

(9th Cir. 2010). Nonetheless, in resolving any motion summary judgment, “the Court may assume that the material facts as claimed and adequately supported by the moving party are admitted to exist without controversy except to the extent that such material facts are (a) included in the ‘Statement of Genuine Disputes’ and (b) controverted by declaration or other written evidence filed in opposition to the motion.” Local Rule 56-4. Thus, in the absence of an opposition, the Court may assume that the material facts as and adequately supported by Plaintiff are admitted to exist without controversy. the Court finds it in the interests of justice to take a less drastic approach. Defendant ORDERED to show cause within fourteen days (14) why the Court should not accept as true the facts set forth in Plaintiffs Statement of Uncontroverted Facts. Defendant may discharge Order by filing his opposition and showing “good cause” for the delay. See Fed. R. Civ. P. 16(b)(4); Ahanchian,

; Johnson v. Mammoth Recreations, Inc.,

, 609 Cir. 1992).

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