Cannon v. City of Petaluma et al

Filing 99

ORDER. Signed by Judge Hamilton on 1/31/2012. (pjhlc1, COURT STAFF) (Filed on 1/31/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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BENJAMIN PHILIP CANNON,

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Plaintiff,
v.

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ORDER

CITY OF PETALUMA, et al.,

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No. C 11-0651 PJH

Defendants.
_______________________________/

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During the course of the court’s review of the papers filed by the parties in

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connection with defendants’ pending motions to dismiss the second amended complaint

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(“SAC”), the following has come to the court’s attention.

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The Sonoma County defendants filed their motion to dismiss the SAC on November

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2, 2011. Plaintiff’s opposition was due on November 16, 2011. The Petaluma defendants

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filed their motion to dismiss on November 3, 2011. Plaintiff’s opposition to that motion was

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due on November 17, 2011.

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On November 14, 2011, plaintiff filed an opposition to each of the two motions.

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However, those oppositions were identical to the oppositions plaintiff had previously filed to

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the defendants’ motions to dismiss the first amended complaint. On November 21, 2011,

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defendants filed replies to the oppositions, noting that the oppositions were completely

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unresponsive to the pending motions, which were motions to dismiss the SAC.

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On December 2, 2011 – more than two weeks after his original oppositions were

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due – plaintiff filed “amended” oppositions to each of the pending motions, in which he

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responded to the arguments made by defendants in their motions to dismiss the SAC.

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Although the late oppositions should be stricken, the court has determined that the

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better course would be to permit defendants to file replies to the late-filed oppositions. The

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replies shall be filed no later than February 15, 2012. The court also admonishes plaintiff

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that further missed deadlines will not go unsanctioned.

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Dated: January 31, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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