D.C. et al v. City of Antioch et al

Filing 17

ORDER TO SHOW CAUSE: Show Cause Response due by 7/13/2017.August 3, 2017 hearing on Defendants' Motion to Dismiss is VACATED. Signed by Judge Maria-Elena James on 6/26/2017. (mejlc3, COURT STAFF) (Filed on 6/26/2017) (Additional attachment(s) added on 6/26/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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D.C., et al.,

Case No. 17-cv-00719-MEJ
Plaintiffs,

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v.

ORDER TO SHOW CAUSE

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CITY OF ANTIOCH, et al.,
Defendants.

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On June 7, 2017, Defendants City of Antioch and Allan Cantando filed a Motion to

United States District Court
Northern District of California

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Dismiss four of the six claims Plaintiffs assert in their Complaint, with a noticed hearing date of

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August 3, 2017. Dkt. No. 15. However, Plaintiffs failed to file an opposition pursuant to Civil

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Local Rule 7. Accordingly, the Court hereby VACATES the motion hearing and ORDERS

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Plaintiffs to show cause why the Court should not grant the Motion to Dismiss. Plaintiffs shall file

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a declaration by July 13, 2017. If a responsive declaration is filed, the Court shall issue an order

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based on the declaration. Notice is hereby provided that failure to file a written response will be

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deemed an admission that Plaintiffs do not oppose the merits of the Motion. If no written

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response is filed, the Court will grant the Motion, and the only claims remaining in the action will

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be a claim for wrongful death against Defendant Valentino Walker and a claim for intentional

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infliction of emotional distress against Walker. Thus, it is imperative that the Court receive a

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written response by the deadline above.

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IT IS SO ORDERED.

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Dated: June 26, 2017
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MARIA-ELENA JAMES
United States Magistrate Judge