BSD, Inc et al v. Equilon Enterprises, LLC et al

Filing 150

ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 10/3/2013 10:00 AM. Show Cause Response due by 9/19/2013. Signed by Judge Maria-Elena James on 9/12/2013. (cdnS, COURT STAFF) (Filed on 9/12/2013)

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1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 BSD, INC., et al., 5 No. C 10-5223 SBA (MEJ) Plaintiffs, ORDER TO SHOW CAUSE v. 6 EQUILON ENTERPRISES, LLC, et al., 7 8 Defendants. _____________________________________/ 9 and Costs against Plaintiff Youstine, Inc. Dkt. No. 144. The Honorable Saundra Brown Armstrong, 12 For the Northern District of California On August 21, 2013, Defendant Equilon Enterprises, LLC filed a Motion for Attorney’s Fees 11 UNITED STATES DISTRICT COURT 10 the presiding judge in this case, subsequently referred the matter to the undersigned to prepare a 13 report and recommendation. Dkt. No. 146. However, Youstine has failed to file an opposition 14 pursuant to Civil Local Rule 7. Pursuant to Judge Armstrong’s Civil Standing Order, “[t]he failure 15 of the opposing party to file a memorandum of points and authorities in opposition to any motion 16 shall constitute a consent to the granting of the motion.” See Judge Armstrong’s Civil Standing 17 Order, effective September 21, 2012 at ¶ C.6. Accordingly, the Court hereby VACATES the 18 October 10, 2013 hearing and ORDERS Youstine to show cause why Equilon’s Motion should not 19 be granted in compliance with Judge Armstrong’s Standing Order, as well as for failure to comply 20 with court deadlines. Youstine shall file a declaration by September 19, 2013. If a responsive 21 declaration is filed, the Court shall either issue an order based on the declaration or conduct a 22 hearing on October 3, 2013 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San 23 Francisco, California. 24 IT IS SO ORDERED. 25 26 27 28 Dated: September 12, 2013 _______________________________ Maria-Elena James United States Magistrate Judge

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