Bryant v. Apotex Inc et al

Filing 45

ORDER TO SHOW CAUSE, in writing, why sanctions should not be imposed for failure to comply with the Court's Order re filing opposition to defendants' Motion for Judgment on the Pleadings. Plaintiff's response is due by 1/15/2013. Order signed by District Judge Lawrence J. O'Neill on 1/2/2013. (Rooney, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN D. BRYANT,

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Plaintiff,

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Case No. 1:12-cv-01377 LJO JLT
ORDER TO SHOW CAUSE

vs.
APOTEX, INC., et al.,

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Defendants.

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On November 28, 2012, Defendants Apotex, Inc., AmeriSource Health Services Corporation,

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The Harvard Drug Group LLC d/b/a Major Pharmaceuticals, Teva Pharmaceuticals USA, Inc., Mylan

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Pharmaceuticals Inc., and Mylan Institutional Inc. (“Defendants”) filed a motion for judgment on the

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pleadings pursuant to Federal Rule of Civil Procedure 12(c). In response, the Court vacated the hearing

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set for the matter and instead issued a briefing schedule. Under the Court’s briefing schedule, Plaintiff

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Kevin D. Byrant (“Plaintiff”), who is a prisoner proceeding pro se in this action, was ordered to file and

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serve an opposition to the motion by no later than December 22, 2012. However, as of the date of this

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order, Plaintiff has failed to file an opposition or otherwise respond to the Court’s order.

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Accordingly, by no later than January 15, 2012, Plaintiff shall (1) file and serve an opposition

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or statement of non-opposition to Defendants’ motion;1 and (2) file and serve a written statement with

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the Court showing cause why sanctions should not be imposed on him for failing to timely file an

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opposition as ordered by the Court. Plaintiff is forewarned that the imposition of sanctions may include

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the dismissal of this action. See Local Rule 230(l); Local Rule 110.

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IT IS SO ORDERED.

January 2, 2013

Dated:

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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If Defendants elect to file a reply, they shall do so within seven days of being served with Plaintiff’s opposition
or statement of non-opposition.