Cavellini, et al v. Harris, et al

Filing 340

ORDER TO SHOW CAUSE. Plaintiffs' Show Cause Response due by 3/17/2014. Signed by Judge Kandis A. Westmore on 3/10/2014. (kawlc1, COURT STAFF) (Filed on 3/10/2014)

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United States District Court
Northern District of California

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ROY T. CAVELLINI, et al.,
Plaintiffs,

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Case No.: CV 93-00057-SBA (KAW)
ORDER TO SHOW CAUSE

v.
MICHAEL F. HARRIS, et al.,

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Defendants.

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United States District Court
Northern District of California

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On February 12, 2014, counsel for Rita Harris, individually and as trustee of the Gilbert T.

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Harris and Rita E. Harris Living Trust U/A 07/03/90 and as Trustee of the Rita Harris Trust U/A

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10/03/03, filed a motion for protective order/alternatively motion to quash the subpoenas issued

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by Plaintiff seeking to obtain trust documents and tax returns related to the trusts and also to

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Defendant Michael F. Harris. (Dkt. No. 332.) On February 14, 2014, this matter was referred to

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the undersigned, as the Court is also presiding over the judgment-debtor examination. (Dkt. No.

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336.)

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On February 18, 2014, Ms. Harris’ counsel filed the declaration of Steven S. Miyake in

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support of the motion, which had the subpoenas attached. (Dkt. No. 337.) Accordingly, the Court

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considers February 18 the date of filing for the purposes of briefing. Pursuant to Civil Local Rule

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7-3, any opposition to the motion was due within 14 days, or March 4, 2014. No opposition has

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been filed.

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The Court orders Plaintiffs to, by no later than March 17, 2014, show cause why the

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motion for protective order should not be granted, and to file either an opposition or a statement

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of non-opposition. Failure to timely file both documents may result in the granting of this motion

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in whole or in part. See Judge Westmore’s General Standing Order ¶ 21 (“The failure of the

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opposing party to file a memorandum of points and authorities in opposition to any motion shall

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constitute consent to the granting of the motion”).

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IT IS SO ORDERED.
Dated: March 10, 2014

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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