Resilient Floor Covering Pension Trust Fund et al v. Heritage Floors, Inc. et al

Filing 17

ORDER TO SHOW CAUSE Show Cause Response due by 9/27/2012.. Signed by Judge Jeffrey S. White on 9/12/12. (jjoS, COURT STAFF) (Filed on 9/12/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RESILIENT FLOOR COVERING PENSION
TRUST FUND, et al.,

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No. C 12-01784 JSW

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v.
For the Northern District of California

United States District Court

Plaintiff,
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ORDER TO SHOW CAUSE
HERITAGE FLOORS, INC., et al.,

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Defendants.
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On August 8, 2012 Plaintiffs filed a motion to strike Defendants’ answer. Pursuant to

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Northern District Civil Local Rules 7-3(a), Defendants’ opposition brief was due on August 22,

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2012. The Court has not received an opposition to the motion.

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Defendants are HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by

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September 27, 2012, why the pending motion to strike should not be granted in light of their

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failure to file a timely opposition or statement of non-opposition. If Defendants seeks to file a

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substantive response to Plaintiffs’ motion, Defendants must demonstrate good cause for failing

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to file their opposition brief in a timely fashion. If Defendants fail to file a response to the

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Order to Show Cause by September 27, 2012, the Court shall deem the motion to strike

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unopposed.

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The Court VACATES the hearing scheduled for October 5, 2012. If the Court requires

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a reply from Plaintiffs, it shall issue a further order setting a date on which a reply shall be due.

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The Court also hereby advises Defendants that the Handbook for Pro Se Litigants,

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which is available through the Court’s website or in the Clerk’s office, contains helpful

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information

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about proceeding without an attorney. The Court also advises Defendants that they also may

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wish to seek assistance from the Legal Help Center. Defendants may call the Legal Help Center

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at 415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796,

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for a free appointment with an attorney who may be able to provide basic legal help, but not

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legal representation. However, the Court notes that “a corporation may appear in the federal

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courts only through licensed counsel.” See Rowland v. California Men’s Colony, 506 U.S. 194,
202 (1993); see also Civil Local Rule 3-9(b). Therefore, as a non-attorney, John H. Papke

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For the Northern District of California

United States District Court

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cannot represent defendants Heritage Floors, Inc and Creative Tile and Flooring, Inc. and

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defendants Heritage Floors, Inc and Creative Tile and Flooring, Inc. cannot appear pro se.

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IT IS SO ORDERED.

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Dated: September 12, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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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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8 RESILIENT FLOOR COVERING et al,

Case Number: CV12-01784 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.

11 BOARD OF TRUSTEES et al,
For the Northern District of California

United States District Court

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Defendant.

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14 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on September 12, 2012, I SERVED a true and correct copy(ies) of the attached, by
16 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
17 inter-office delivery receptacle located in the Clerk's office.
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Creative Tile and Flooring, Inc.
20 c/o John H. Papke
3018 So. Mullen
21 Tacoma, WA 98409
22 Heritage Floors, Inc.
c/o John H. Papke
23 3018 So. Mullen
Tacoma, WA 98409
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Dated: September 12, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk