Boykin v. Potter et al

Filing 62

ORDER by Judge ARMSTRONG granting 51 Motion for Leave to File (lrc, COURT STAFF) (Filed on 9/14/2011)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 JESSE J. BOYKIN, Case No: C 10-2517 SBA Plaintiffs, 7 ORDER 8 vs. Docket 51 9 PATRICK DONAHOE, United States Postmaster General, 10 Defendant. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The parties are presently before the Court on Defendant Patrick Donahoe’s (“Defendant”) Motion for Leave to File First Amended Answer. Dkt. 51. On August 11, 2011, the Court issued an Order requiring Plaintiff Jesse J. Boykin (“Plaintiff”) to file an opposition or statement of non-opposition by no later than August 22, 2011. Dkt. 54. Under this Court’s Standings Orders, “[t]he failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute a consent to the granting of the motion.” Dkt. 8 at 2 ¶8. Notwithstanding the requirements of this Court’s August 11, 2011 Order and the Court’s warnings in its Standing Orders, Plaintiff has filed nothing in response to the pending motion. Accordingly, IT IS HEREBY ORDERED THAT Defendant’s Motion for Leave to File First Amended Answer is GRANTED. Within seven (7) days of this Order, Defendant shall file his First Amended Answer. This Order terminates Docket 51. IT IS SO ORDERED. 26 27 28 Dated: September 14, 2011 _____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BOYKIN et al, 5 6 7 8 Plaintiff, v. POTTER ET AL et al, Defendant. / 9 10 Case Number: CV10-02517 SBA 11 CERTIFICATE OF SERVICE 12 13 14 15 16 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 14, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 17 18 19 Jesse J. Boykin 745 Jackson Street Fairfield, CA 94533-5715 20 21 Dated: September 14, 2011 Richard W. Wieking, Clerk 22 By: LISA R CLARK, Deputy Clerk 23 24 25 26 27 28 -2-

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