Williams et al v. John Stewart Company et al

Filing 53

ORDER TO SHOW CAUSE WHY 48 PLAINTIFFS' MOTION TO STRIKE SHOULD NOT BE GRANTED AS UNOPPOSED. Signed by Judge Trina L. Thompson on 5/19/2023. Show Cause Response due by 6/2/2023. (rfm, COURT USER) (Filed on 5/22/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACOLA WILLIAMS, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 22-cv-02927-TLT

v.
JOHN STEWART COMPANY, et al.,
Defendants.

ORDER TO SHOW CAUSE WHY
PLAINTIFFS’ MOTION TO STRIKE
SHOULD NOT BE GRANTED AS
UNOPPOSED
Re: ECF No. 48

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On February 23, 2023, Plaintiffs JaCola Williams, Leslie Patterson, and Jerika Barnes-

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Jenkins (“Plaintiffs”) filed a motion to strike the thirteen affirmative defenses asserted in

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Defendant Riviera Family Apartments, L.P.’s (“Defendant”) answer (ECF No. 43) under Federal

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Rule of Civil Procedure 12(f). See ECF No. 48. Defendant’s response or opposition to the motion

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was due by March 9, 2023. Id. Defendant did not file a response or opposition by the deadline.

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Given Defendant’s failure to oppose the motion to strike by the deadline, Defendant is

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hereby ORDERED to show cause why Plaintiff’s motion to strike should not be granted as

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unopposed. Defendant shall file a response to this Order to Show Cause by June 2, 2023.

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If Defendant seeks to file an untimely opposition brief, it must submit a request to do so

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showing good cause for its failure to comply with the deadline required by the Local Rules and

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must submit it proposed opposition brief with the request.

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If Defendant fails to file a response to this Order to Show Cause by the deadline, the Court

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shall grant Plaintiffs’ motion to strike as unopposed without further notice to Defendant. If

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Defendant seeks to file an untimely opposition brief, and if the Court grants that request, it shall

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set a new deadline for Plaintiffs to file a reply brief.

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Accordingly, the June 6, 2023, motion hearing is hereby VACATED and will be reset by
the Court if necessary.
IT IS SO ORDERED.
Dated: May 19, 2023

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TRINA L. THOMPSON
United States District Judge

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United States District Court
Northern District of California

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