Goncalves v. United States of America

Filing 29

ORDER DISCHARGING ORDER TO SHOW CAUSE AND SETTING DEADLINE FOR DEFENDANTS' REPLY BRIEF. Signed by Judge Jeffrey S. White on 11/28/11. (jjoS, COURT STAFF) (Filed on 11/28/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CPT MICHAEL C. GONCALVES,

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No. C 11-02452 JSW

Plaintiff,

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For the Northern District of California

United States District Court

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v.

UNITED STATES OF AMERICA, Honorable
Robert Gates, LTG Jack Stultz, CDR, USARC,
and Attorney General Eric Holder,

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ORDER DISCHARGING ORDER
TO SHOW CAUSE AND SETTING
DEADLINE FOR DEENDANTS’
REPLY BRIEF

Defendants.
/

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On October 11, 2011, Defendants filed a motion to dismiss Plaintiff’s complaint.

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Because Plaintiff did not file a timely opposition to the motion, on November 2, 2011, the Court

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issued an Order directing Plaintiff to show cause why this case should not be dismissed for

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failure to prosecute. On November 14, 2011, Plaintiff filed his response to the Order to Show

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Cause and filed a belated opposition brief.

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Plaintiff asserts that his brief was late because he was trying to obtain information from

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Defendants about documents and declarations submitted with their opposition. In the future, if

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Plaintiff requires additional time to respond to a motion, he should first seek leave of Court.

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However, at this time, the Court shall discharge the Order to Show Cause without further

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action. The Court shall accept Plaintiff’s opposition brief.

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//

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Defendants shall file a reply brief by no later than December 5, 2011. Unless the Court

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determines a hearing is necessary, it shall decide the matters on the papers. The case

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management conference set for December 16, 2011 is VACATED pending further order of the

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Court.

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IT IS SO ORDERED.

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Dated: November 28, 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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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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GONCALVES et al,
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Case Number: CV11-02452 JSW
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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UNITED STATES OF AMERICA et al,
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Defendant.
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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 28, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Michael C. Goncalves
8444 Alberton Place
Elk Grove, CA 95624
Dated: November 28, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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