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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UNITED STATES DISTRICT COURT

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Northern District of California

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DEREK WHEAT,

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No. C 11-4509 MEJ
Plaintiff,

v.

ORDER DISCHARGING ORDER TO
SHOW CAUSE

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COUNTY OF ALAMEDA, et al.,
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Defendants.
_____________________________________/

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On October 17, 2011, the Defendants in the above-captioned matter filed a motion to

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For the Northern District of California

UNITED STATES DISTRICT COURT

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dismiss, with a noticed hearing date of December 1, 2011. Dkt. No. 5. However, Plaintiff failed to

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file an opposition pursuant to Civil Local Rule 7. Accordingly, the Court vacated the December 1

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hearing and ordered Plaintiff Derek Wheat to show cause why this case should not be dismissed for

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failure to prosecute and failure to comply with court deadlines. Dkt. No. 12. Having received

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Plaintiff’s response and recognizing that he represents himself in this matter, the Court hereby

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DISCHARGES the order to show cause. However, Plaintiff should be mindful that failure to

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comply with court rules and deadlines in the future will likely result in the imposition of sanctions,

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including and up to dismissal of this case.

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As Defendants’ motion to dismiss remains pending, Plaintiff shall file any opposition by

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November 28, 2011. Defendants shall thereafter file any reply by December 8, 2011, and the Court

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shall conduct a hearing on December 22, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450

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Golden Gate Avenue, San Francisco, California. The December 22, 2011 Case Management

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Conference and all related deadlines are VACATED pending resolution of Defendants’ motion.

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IT IS SO ORDERED.

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Dated: November 16, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge