Kelleher v. Kelleher et al

Filing 98

ORDER TO SHOW CAUSE as to 96 MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. Show Cause Response due by 1/6/2015. Signed by Judge Maria-Elena James on 12/30/2014. (cdnS, COURT STAFF) (Filed on 12/30/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AMBER KELLEHER,

Case No. 13-cv-05450-MEJ

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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JOHN E. KELLEHER,
Defendant.

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On December 15, 2014, Plaintiff Amber Kelleher filed a Motion for Leave to File Second

United States District Court
Northern District of California

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Amended Complaint, which is currently scheduled for a hearing on January 22, 2015. Dkt. No.

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96. However, Defendant John E. Kelleher failed to file an opposition or statement of

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nonopposition pursuant to Civil Local Rule 7. Accordingly, the Court hereby VACATES the

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motion hearing and ORDERS Defendant to show cause as to: (1) why he failed to file an

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opposition or statement of nonopposition pursuant to Local Rule 7; and (2) whether, given the

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timeliness of Plaintiff’s motion and the liberal pleading standard under Federal Rule of Civil

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Procedure 15, he has any objection to Plaintiff’s motion. Defendant shall file his response by

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January 6, 2015. Defendant shall a declaration in response to the first part of this order and

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comply with Civil Local Rule 7-3 in response to the second. If Defendant files an opposition,

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Plaintiff shall file any reply by January 15, 2015, after which the Court shall determine if a hearing

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is necessary. If Defendant files a statement of nonopposition, Plaintiff shall efile the Second

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Amended Complaint by January 8, 2015.

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IT IS SO ORDERED.

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Dated: December 30, 2014
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MARIA-ELENA JAMES
United States Magistrate Judge