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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GLENN and MARY ANDERSON, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 10-00807 JSW v. CITY OF OAKLAND, ET AL., SECOND ORDER TO SHOW CAUSE Defendants. / 14 15 In an Order dated July 8, 2010, the Court set out the trial and pretrial deadlines in this 16 matter, including the last day to hear dispositive motions, set for June 10, 2011. On May 5, 17 2011, Defendants filed a motion for summary judgment. Plaintiffs’ opposition brief was due to 18 be filed no later than May 20, 2011. To date, neither the Court nor Defendants have received an 19 opposition or a statement of non-opposition to the motion. It appears from the submissions of 20 Defendants that Plaintiffs did not participate in discovery or active prosecution of this case. 21 The Court previously issued an order to show cause for Plaintiffs’ counsel’s failure to appear at 22 the initial case management conference set on June 25, 2010. Although the Court discharged its 23 first order to show cause, the Court specifically admonished Plaintiffs’ counsel that any further 24 failure to follow this Court’s rules would result in sanctions. 25 Therefore, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE in writing no later 26 than June 10, 2011, as to why this case should not be dismissed for failure to prosecute and 27 sanctions in the amount of $1,000 should not be imposed. Failure to respond to this Order by 28 June 10, 2011 shall result in dismissal of this matter without prejudice and an assessment of 1 2 3 4 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. 5 6 Dated: May 31, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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