Wheat v. County of Alameda et al

Filing 14

ORDER DISCHARGING OSC; ORDER SCHEDULING HEARING RE MOTION TO DISMISS Replies due by 12/8/2011. Responses due by 11/28/2011.. Signed by Judge Maria-Elena James on 11/16/2011. (cdnS, COURT STAFF) (Filed on 11/16/2011)

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1 2 UNITED STATES DISTRICT COURT 3 Northern District of California 4 5 DEREK WHEAT, 6 No. C 11-4509 MEJ Plaintiff, v. ORDER DISCHARGING ORDER TO SHOW CAUSE 7 COUNTY OF ALAMEDA, et al., 8 9 Defendants. _____________________________________/ 10 On October 17, 2011, the Defendants in the above-captioned matter filed a motion to 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 dismiss, with a noticed hearing date of December 1, 2011. Dkt. No. 5. However, Plaintiff failed to 13 file an opposition pursuant to Civil Local Rule 7. Accordingly, the Court vacated the December 1 14 hearing and ordered Plaintiff Derek Wheat to show cause why this case should not be dismissed for 15 failure to prosecute and failure to comply with court deadlines. Dkt. No. 12. Having received 16 Plaintiff’s response and recognizing that he represents himself in this matter, the Court hereby 17 DISCHARGES the order to show cause. However, Plaintiff should be mindful that failure to 18 comply with court rules and deadlines in the future will likely result in the imposition of sanctions, 19 including and up to dismissal of this case. 20 As Defendants’ motion to dismiss remains pending, Plaintiff shall file any opposition by 21 November 28, 2011. Defendants shall thereafter file any reply by December 8, 2011, and the Court 22 shall conduct a hearing on December 22, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 23 Golden Gate Avenue, San Francisco, California. The December 22, 2011 Case Management 24 Conference and all related deadlines are VACATED pending resolution of Defendants’ motion. 25 IT IS SO ORDERED. 26 27 28 Dated: November 16, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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