Flores v. Zale Delaware, Inc.

Filing 87

ORDER TO SHOW CAUSE re 85 Plaintiffs' motion to enforce final order. Order to Show Cause Hearing set for 07/19/10 at 10:00 AM. Show Cause Response due by 07/02/10. Opposition to Plaintiffs' motion due by 06/25/10. Reply due by 07/02/10. Hearing continued to 07/19/10 at 10:00 AM. Signed by Judge Thelton E. Henderson on 06/23/10. (tehlc3, COURT STAFF) (Filed on 6/23/2010)

1 2 3 4 5 6 7 8 9 10 v. ZALE DELAWARE, INC., Defendant. JACKIE FLORES, et al., Plaintiffs, NO. C07-0539 TEH ORDER TO SHOW CAUSE RE: PLAINTIFFS' MOTION TO ENFORCE FINAL ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Plaintiffs filed a motion to enforce the Court's June 22, 2009 order, which granted

13 final approval of the class settlement in this case, and noticed their motion for hearing on 14 July 12, 2010. Pursuant to Civil Local Rule 7-3, Defendant's opposition or statement of non15 opposition to the motion was therefore due on June 21, 2010. Defendant filed neither 16 document. 17 This Court's courtroom deputy telephoned Defendant's counsel on June 22, 2010, and

18 received a voice-mail message from Ms. Catherine Conway in return stating that Defendant 19 intended to file an opposition. Ms. Conway telephoned the Court's deputy clerk again this 20 afternoon and stated that Defendant intended to file its opposition by Friday. 21 Accordingly, with good cause appearing, IT IS HEREBY ORDERED that Defendant

22 shall file its opposition or statement of non-opposition on or before June 25, 2010. Plaintiffs 23 shall have until July 2, 2010, to file their reply papers. The hearing shall be continued to 24 July 19, 2010, at 10:00 AM. If no timely opposition or statement of non-opposition is filed, 25 the Court will construe such silence as a non-opposition and grant Plaintiffs' motion in its 26 entirety as unopposed. 27 IT IS FURTHER ORDERED that on July 19, 2010, at 10:00 AM, Defendant's

28 counsel shall show cause as to why sanctions should not be imposed for Defendant's failure

1 to file a timely opposition or statement of non-opposition. If Defendant's counsel wishes to 2 file a written response to this order to show cause, she shall do so on or before July 2, 2010. 3 4 IT IS SO ORDERED. 5 6 Dated: 06/23/10 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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