S.M. et al v. West Contra Costa County Unified School District Financing Corporation et al

Filing 53

ORDER by Judge Charles R. Breyer granting in part and denying in part 50 Motion to Continue; plaintiffs' opposition is due September 12, 2008. (crblc1, COURT STAFF) (Filed on 9/4/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA S.M., A MINOR, et al. Plaintiffs, v. No. C 07-05829 CRB ORDER CONTINUING HEARING TO SEPTEMBER 26, 2008 WEST CONTRA COSTA COUNTY UNIFIED SCHOOL DISTRICT 15 FINANCING CORPORATION, et al. 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. / Now pending before the Court is plaintiffs' last minute request to again continue defendants' motion to dismiss and defendants' opposition. Plaintiffs' negligence is not good cause for once again continuing the hearing; however, the Court prefers to decide cases on the merits and will have a difficult time doing so without the benefit of an opposition. Accordingly, plaintiffs' opposition shall be filed on or before noon on September 12, 2008 and defendants' reply, if any, shall be filed on or before noon on September 19, 2008. The Court will hear oral argument at 10:00 a.m. on September 26, 2008. Plaintiffs are warned that no further continuances will be granted and that failure to once again comply with the // // // 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 briefing deadlines may result in dismissal with prejudice for a failure to prosecute. IT IS SO ORDERED. Dated: September 4, 2008 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE G:\CRBALL\2007\5829\orderrecontinuance.wpd G:\CRBALL\2007\5829\orderrecontinuance.wpd 2

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