From Casetext: Smarter Legal Research

Brydges v. Lewis

United States Court of Appeals, Ninth Circuit.Page 652
Mar 9, 1994
18 F.3d 651 (9th Cir. 1994)

Summary

holding that Arizona district court did not err in summarily granting defendants' motion for summary judgment pursuant to former Local Rule 11 where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion

Summary of this case from COIT v. SUTTON FUNDING LLC

Opinion

No. 92-17077.

Submitted May 25, 1993.

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4.

Memorandum June 8, 1993. Order and Opinion March 9, 1994.

William W. Brydges, pro se, Goodyear, Arizona, for the plaintiff-appellant.

Bruce L. Skolnik, Assistant Attorney General, Tucson, Arizona, for the defendants-appellees.

Appeal from the United States District Court for the District of Arizona.

Before: HUG, WIGGINS and THOMPSON, Circuit Judges.



ORDER

The memorandum disposition filed in this matter on June 8, 1993, 995 F.2d 230, is redesignated as a per curiam opinion.

OPINION


William W. Brydges, an Arizona state prisoner, appeals pro se the district court's order granting appellees' motion for summary judgment and dismissing his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

We review de novo the grant of summary judgment. Hopkins v. Andaya, 958 F.2d 881, 884 (9th Cir. 1992) (per curiam). A district court may not grant a motion for summary judgment simply because the nonmoving party does not file opposing material, even if the failure to oppose violates a local rule. Henry v. Gill Industries, Inc., 983 F.2d 943, 950 (9th Cir. 1993) ("[a] local rule that requires the entry of summary judgment simply because no papers opposing the motion are filed or served, and without regard to whether genuine issues of material fact exist, would be inconsistent with [Fed.R.Civ.P.] 56, hence impermissible under [Fed.R.Civ.P.] 83."). However, when the local rule does not require, but merely permits the court to grant a motion for summary judgment, the district court has discretion to determine whether noncompliance should be deemed consent to the motion. Id.

Here, the district court warned Brydges that failure to respond to the motion for summary judgment "shall constitute a consent on the part of [Brydges] to the granting of the defendants' motion pursuant to Local Rule 11(i)." Local Rule 11(i) permits, but does not require, the district court to grant the motion for summary judgment when the nonmoving party fails to file a response. See D.Ariz.R. 11(i).

Local Rule 11(i) of the District of Arizona provides that "if the opposing party does not serve and file the required answering memoranda . . . such noncompliance may be deemed a consent to the denial or granting of the motion and the court may dispose of the motion summarily." D.Ariz.R. 11(i).

We conclude that because Brydges was warned of the consequence of his failure to respond to the appellees' summary judgment motion, the district court did not err by deeming his failure to respond a consent to the motion for summary judgment. See Gill, 983 F.2d at 950.

Upon due consideration, appellees' motion for attorney fees and costs pursuant to 42 U.S.C. § 1988 is denied.

AFFIRMED.


Summaries of

Brydges v. Lewis

United States Court of Appeals, Ninth Circuit.Page 652
Mar 9, 1994
18 F.3d 651 (9th Cir. 1994)

holding that Arizona district court did not err in summarily granting defendants' motion for summary judgment pursuant to former Local Rule 11 where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion

Summary of this case from COIT v. SUTTON FUNDING LLC

holding that Arizona district court did not err in summarily granting defendants' motion for summary judgment pursuant to former Local Rule 11 where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion

Summary of this case from Plutt v. Safeway, Inc.

concluding that the pro se plaintiff's failure to timely respond to the defendant's motion for summary judgment when the court had warned plaintiff of the consequence of a failure to respond warranted granting the motion for summary judgment in the defendant's favor under the applicable Local Rule

Summary of this case from Nelson v. Capital One Fin. Corp.

upholding district court's grant of summary judgment where pro se Plaintiff was warned of the consequence of his failure to respond to a motion for summary judgment

Summary of this case from 101 Pipe & Casing Inc. v. Kingman Farms LLC

affirming the district court's grant of summary judgment for failure to respond after the district court warned plaintiff of this potential consequence

Summary of this case from Rindlisbacher v. Steinway Inc.

affirming grant of summary judgment for failure to timely respond where local rule was permissive and district court cautioned that noncompliance would be considered consent

Summary of this case from United States v. $74,300.00 in U.S. Currency

affirming the district court's summary granting of a motion for summary judgment under Local Rule 7.2 when non-moving party was given express warning of consequences of failing to respond

Summary of this case from Smith v. Schwarzeneggar

affirming summary judgment where the district court construed plaintiff's "failure to respond a consent to the motion" because plaintiff had been "warned of the consequence of his failure to respond to the . . . summary judgment motion"

Summary of this case from Walker v. Gower

affirming summary judgment where a pro se plaintiff "was warned of the consequence of his failure to respond" and the district court "deem[ed] his failure to respond a consent to the motion"

Summary of this case from Valley Fruit Orchards v. Global Horizons Manpower

affirming the district court's summary granting of a motion for summary judgment under LRCiv 7.2 when non-moving party was given express warning of consequences of failing to respond

Summary of this case from Dutciuc v. Meritage Homes of Arizona, Inc.

affirming the district court's summary granting of a motion for summary judgment under LRCiv 7.2 when non-moving party was given express warning of consequences of failing to respond

Summary of this case from Dutciuc v. Meritage Homes of Arizona, Inc.

affirming the district court's summary granting of a motion for summary judgment under LRCiv 7.2 when non-moving party was given express warning of consequences of failing to respond

Summary of this case from Sundell-Bahrd v. Bank United FSB

In Brydges the local rule was permissive rather than mandatory, and the trial court warned the plaintiff in advance of the consequences of his failure to respond.

Summary of this case from Cristobal v. Siegel

discussing former Local Rule 11 which was later re-codified as Local Rule 1.10 and then 7.2

Summary of this case from Traveler v. Glenn Jones Ford, Inc.
Case details for

Brydges v. Lewis

Case Details

Full title:WILLIAM W. BRYDGES, PLAINTIFF-APPELLANT, v. SAMUEL A. LEWIS, DIRECTOR…

Court:United States Court of Appeals, Ninth Circuit.Page 652

Date published: Mar 9, 1994

Citations

18 F.3d 651 (9th Cir. 1994)

Citing Cases

Valley Fruit Orchards v. Global Horizons Manpower

A court "may not grant a motion for summary judgment simply because the nonmoving party does not file…

Sundell-Bahrd v. Bank United FSB

LRCiv 7.2(i) states in relevant part: "[I]f the opposing party does not serve and file the required answering…