Thomas v. San Francisco Housing Authority et al

Filing 28

ORDER RE MOTION TO DISMISS. Signed by Judge Charles R. Breyer on 1/10/2017. (crblc1, COURT STAFF) (Filed on 1/10/2017)

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

15

v.
SAN FRANCISCO HOUSING
AUTHORITY, et al.,
Defendants.

16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER RE MOTION TO DISMISS

Plaintiff,

13
14

No. 3:16-cv-03819-CRB

CAROL THOMAS,

/

Defendant San Francisco Housing Authority (“SFHA”) recently filed a motion to
dismiss Plaintiff Carol Thomas’s Second Amended Complaint, setting the hearing for fewer
than 35 days out. See MTD (dkt. 25) (filed December 19, 2016 and set for January 20,
2017). This violates Civil Local Rule 7-2. See Civ. Local R. 7-2. Just as problematic,
Thomas asserts that SFHA did not serve her with the motion. See Declaration (dkt. 27); see
also Certificate of Service (dkt. 25-2) (certifying that SFHA served Thomas on September
16, 2016). The Court therefore: VACATES the hearing date currently set for January 20,
2017; DIRECTS SFHA to serve Thomas with the motion by January 20, 2017, and to file an
accurate certificate of service; and SETS a new schedule as follows. Thomas may file an
opposition by February 3, 2017, SFHA may file a reply by February 10, 2017, and the
motion
//

1
2

hearing shall be held on March 3, 2017.
IT IS SO ORDERED.

3
4

Dated: January 10, 2017
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

5
6
7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2