Bracco et al v. Leintz et al

Filing 10

ORDER DISCHARGING ORDER TO SHOW CAUSE; DIRECTING APPELLANTS TO FILE OPENING BRIEF BY NOVEMBER 30, 2012. Signed by Judge Maxine M. Chesney on November 2, 2012. (mmclc2, COURT STAFF) (Filed on 11/2/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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MICHAEL BRACCO, et al.,
Appellants,

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No. C 12-2945 MMC
ORDER DISCHARGING ORDER TO
SHOW CAUSE; DIRECTING
APPELLANTS TO FILE OPENING
BRIEF BY NOVEMBER 30, 2012

v.
KURT ALBERT LEINTZ, et al.,

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Appellees.

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By order filed October 16, 2012, the Court directed appellants to show cause, no

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later than October 31, 2012, why the above-titled action should not be dismissed for failure

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to prosecute. On November 1, 2012, appellants filed their response,1 supported by a

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declaration in which appellants’ counsel explains he “inadvertently omitted calendaring the

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28-day deadline for filing the Appellants’ Opening Brief,” the first such oversight in his 25

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years of practice. (See Doc. No. 7 at 4.) Appellants seek leave to file their Opening Brief

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by November 30, 2012.

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By letter submitted concurrently therewith, appellants’ counsel states he tried but
was unable to file appellants’ response the day prior, due to technical difficulties with the
court’s electronic filing system. Accordingly, the response is deemed timely filed.

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Good cause appearing, the Order to Show Cause is hereby DISCHARGED and

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plaintiffs are hereby DIRECTED to file with this Court, no later than November 30, 2012,

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their Opening Brief in the instant action.

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IT IS SO ORDERED.

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Dated: November 2, 2012
MAXINE M. CHESNEY
United States District Judge

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