Baires et al v. United States of America et al

Filing 238

ORDER TO SHOW CAUSE. Signed by Judge Charles R. Breyer on 11/20/2013. (crblc1, COURT STAFF) (Filed on 11/20/2013)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11

DORA BAIRES, et al.,

12

Plaintiffs,

13
14
15

THE UNITED STATES OF AMERICA,
et al.,
Defendants.

17

19
20
21
22
23
24
25
26
27
28

ORDER TO SHOW CAUSE

v.

16

18

No. C 09-05171 CRB

/

Defendant Brian Myrick’s Motion for Summary Judgment argues that Myrick is
entitled to qualified immunity for his actions pertaining to Juan Carlos Baires. See MSJ (dkt.
211) at 14. Plaintiff Dora Baires’s Opposition to that motion does not address the issue of
qualified immunity at all. See generally Opp’n (dkt. 227). The Court is inclined to conclude
that Plaintiff concedes this issue. See, e.g., In re Online DVD Rental Antitrust Litig., No. 092029 PJH, 2011 WL 5883772, at *12 (N.D. Cal. Nov. 23, 2011) (absent unusual
circumstances, failure to respond to argument on merits “viewed as grounds for waiver or
concession of the argument”). For the sake of clarity, Plaintiff is ORDERED TO SHOW
CAUSE why the Court should not find that Myrick is entitled to qualified immunity.
Plaintiff’s response should be no more than ten (10) pages and shall be filed, and chambers
//
//

1
2

copies delivered, by noon on Monday November 25, 2013
IT IS SO ORDERED.

3
4
5

CHARLES R. BREYER

Dated: November 20, 2011

UNITED STATES DISTRICT JUDGE

6
7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

G:\CRBALL\2009\5171\OSC - QI.wpd

2