Muhammad v. Berreth et al
ORDER RE-SETTING HEARING. Signed by Judge Charles R. Breyer on 1/8/2013. (crblc1, COURT STAFF) (Filed on 1/8/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
No. C 12-02407 CRB
JAMES KARIM MUHAMMAD,
ORDER RE-SETTING HEARING
KEVIN J. BERRETH,
Defendants Terese McNamee, Kevin J. Berreth, and R. Mac Prout filed two motions to
dismiss Plaintiff’s First Amended Complaint. See Mots. (dkts. 52, 53). Plaintiff failed to timely file
an opposition brief to either motion, and so the Court ordered him to show cause why his case
should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b).
See OSC (dkt. 63). Plaintiff timely responded to the OSC, see Response (dkt. 68), and so the Court
will not dismiss his case for failure to prosecute. However, the Court will allow McNamee, Berreth,
and Prout to file a Reply brief, by 5:00 p.m. on January 14, 2013, if they wish to do so. The hearing
on those motions is hereby RE-SET for February 15, 2013 – the same date as the motion to dismiss
filed by defendant Superior Court of the State of California (dkt. 62).
IT IS SO ORDERED.
Dated: January 8, 2013
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?