Ko v. City of Hayward, California

Filing 81

ORDER TO SHOW CAUSE RE Plaintiff's Failure to File Supplemental Response Brief. Plaintiff's Show Cause Response due by 9/15/2009.Signed by Judge Maria-Elena James on 09/14/2009. (mejlc3, COURT STAFF) (Filed on 9/14/2009)

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1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California R.K., a minor, by and through his Guardian Ad Litem, Tony Ko, v. City of Hayward, Defendant. _____________________________________/ Pending before the Court is Defendant City of Hayward's Motion for Summary Judgment. (Dkt. #64.) On July 30, 2009, the Court held a hearing on the Motion. At that time, the Court ordered the parties to file supplemental briefs addressing issues relating to Plaintiff's 42 U.S.C. §1983 claim against Defendant. The Court set the deadline for Defendant's supplemental brief for August 20, 2009, and the deadline for Plaintiff's supplemental response brief for September 3, 2009. On September 8, 2009, Plaintiff filed a Motion for Extension of Time, requesting that the Court permit counsel to file the response brief on September 10, 2009. (Dkt. #79), which the Court granted (Dkt. #80). Despite this extension, Plaintiff has not filed a supplemental response brief. Accordingly, the Court ORDERS Plaintiff to show cause as to why no response brief has been filed and why the Court should consider any brief Plaintiff intends to file at this point. If Plaintiff does intend to file a response brief, it must accompany Plaintiff's response to this Order. If Plaintiff does not intend to respond to Defendant's supplemental brief, Plaintiff shall indicate that in its Response to this Order. /// /// /// Plaintiffs, No. C 05-01686 MEJ ORDER TO SHOW CAUSE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California Plaintiff's Response to this OSC, along with any supplemental response brief, shall be due by 9:00 a.m. on September 15, 2009. IT IS SO ORDERED. Dated: September 14, 2009 _______________________________ Maria-Elena James Chief United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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