Muhammad v. Berreth et al

Filing 69

ORDER RE-SETTING HEARING. Signed by Judge Charles R. Breyer on 1/8/2013. (crblc1, COURT STAFF) (Filed on 1/8/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 12-02407 CRB JAMES KARIM MUHAMMAD, ORDER RE-SETTING HEARING Plaintiff, v. KEVIN J. BERRETH, Defendant. / 16 17 Defendants Terese McNamee, Kevin J. Berreth, and R. Mac Prout filed two motions to 18 dismiss Plaintiff’s First Amended Complaint. See Mots. (dkts. 52, 53). Plaintiff failed to timely file 19 an opposition brief to either motion, and so the Court ordered him to show cause why his case 20 should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). 21 See OSC (dkt. 63). Plaintiff timely responded to the OSC, see Response (dkt. 68), and so the Court 22 will not dismiss his case for failure to prosecute. However, the Court will allow McNamee, Berreth, 23 and Prout to file a Reply brief, by 5:00 p.m. on January 14, 2013, if they wish to do so. The hearing 24 on those motions is hereby RE-SET for February 15, 2013 – the same date as the motion to dismiss 25 filed by defendant Superior Court of the State of California (dkt. 62). 26 IT IS SO ORDERED. 27 28 Dated: January 8, 2013 G:\CRBALL\2012\2407\order re-setting.wpd CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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