Anderson et al v. City of Oakland et al

Filing 21

SECOND ORDER TO SHOW CAUSE Show Cause Response due by 6/10/2011.. Signed by Judge Jeffrey S. White on 5/31/11. (jjoS, COURT STAFF) (Filed on 5/31/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GLENN and MARY ANDERSON,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 10-00807 JSW

v.
CITY OF OAKLAND, ET AL.,

SECOND ORDER TO SHOW
CAUSE

Defendants.
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In an Order dated July 8, 2010, the Court set out the trial and pretrial deadlines in this

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matter, including the last day to hear dispositive motions, set for June 10, 2011. On May 5,

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2011, Defendants filed a motion for summary judgment. Plaintiffs’ opposition brief was due to

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be filed no later than May 20, 2011. To date, neither the Court nor Defendants have received an

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opposition or a statement of non-opposition to the motion. It appears from the submissions of

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Defendants that Plaintiffs did not participate in discovery or active prosecution of this case.

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The Court previously issued an order to show cause for Plaintiffs’ counsel’s failure to appear at

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the initial case management conference set on June 25, 2010. Although the Court discharged its

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first order to show cause, the Court specifically admonished Plaintiffs’ counsel that any further

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failure to follow this Court’s rules would result in sanctions.

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Therefore, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE in writing no later

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than June 10, 2011, as to why this case should not be dismissed for failure to prosecute and

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sanctions in the amount of $1,000 should not be imposed. Failure to respond to this Order by

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June 10, 2011 shall result in dismissal of this matter without prejudice and an assessment of

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sanctions against counsel in the amount of $1,000.
Further, the hearing date on Defendants’ motion for summary judgment for June 10,
2011, is HEREBY VACATED.
IT IS SO ORDERED.

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Dated: May 31, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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