Richard Flemming v. County of Alameda, et al.

Filing 14

ORDER TO SHOW CAUSE for Plaintiff's Failure to Respond to Motion to Dismiss. Signed by Judge Thelton E. Henderson on 01/15/2015. Hearing set for 1/26/2015 10:00 AM. Show Cause Response due by 1/21/2015.(tehlc2, COURT STAFF) (Filed on 1/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD FLEMMING,
Plaintiff,

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v.
COUNTY OF ALAMEDA, et al.,
Defendants.

Case No. 14-cv-05542-TEH
ORDER TO SHOW CAUSE FOR
PLAINTIFF’S FAILURE TO
RESPOND TO COUNTY’S MOTION
TO DISMISS

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On December 19, 2014, this case was removed from the Alameda County Superior

United States District Court
Northern District of California

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Court. (Docket No. 1). On December 23, 2014, Defendants County of Alameda and

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Sheriff Gregory Ahern filed a motion to dismiss Plaintiff’s first amended complaint.

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(Docket No. 8). The case was reassigned to Judge Thelton E. Henderson on December 24,

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2014. (Docket No. 9). The motion to dismiss was re-noticed on December 30, 2014, with

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Plaintiff’s response due on January 6, 2015. (Docket No. 10). The Court has yet to

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receive a response to the motion, a violation of Northern District of California Civil Local

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Rule 7-3. Plaintiff’s counsel has not provided an adequate explanation for this violation.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s counsel shall appear to

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show cause on January 26, 2015, at 10:00 AM in Courtroom 2, 17th Floor of the Phillip

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Burton Federal Building, as to why this case should not be dismissed for failure to

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prosecute and/or why monetary sanctions should not issue for counsel’s failure to file an

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opposition to the motion to dismiss. Plaintiff shall file a written response to this order on

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or before January 21, 2015. Defendants do not need to attend the hearing or respond.

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IT IS SO ORDERED.

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Dated: 01/15/15

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THELTON E. HENDERSON
United States District Judge