Felarca et al v. Birgeneau et al

Filing 167

ORDER Regarding Plaintiffs' Failure to Repsond to Defendant's Motion to Dismiss. Signed by Judge Yvonne Gonzalez Rogers on 8/9/2013. (oh, COURT STAFF) (Filed on 8/9/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVETTE FELARCA, et al.,

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Plaintiffs,
v.

Case No.: 11-CV-5719 YGR
ORDER REGARDING PLAINTIFFS’ FAILURE TO
RESPOND TO DEFENDANT’S MOTION TO
DISMISS

ROBERT J. BIRGENEAU, et al.,
Defendants.

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Northern District of California

United States District Court

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Defendants George Hallett, Eric Tejada, and Marc DeCoulode each have filed an individual

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motion to dismiss. Dkt. Nos. 161 (Hallett Mot.), 162 (Tejada Mot.), 164 (DeCoulode Mot.). The

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motions were filed, respectively, on July 11, July 15, and July 15, 2013. Pursuant to Civil Local Rule

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7-3, Plaintiffs were required to file and serve either an opposition brief or a notice of nonopposition

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“not more than 14 days after the motion[s] [were] filed.” Civ. L.R. 7-3(a); see also Civ. L.R. 7-3(b).

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As such, responses were due July 25, July 27, and July 27, respectively. Though Plaintiffs’ responses

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were due two weeks ago, Plaintiffs to date have failed to respond to all three motions.

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Plaintiffs shall respond to the Motions to Dismiss no later than five (5) calendar days from

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the signature date of this Order. Failure to respond by that date will result in dismissal of these

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Defendants for failure to prosecute. Any reply to an opposition must be served and filed not more

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than seven (7) days after the opposition is served and filed. Civ. L.R. 7-3(c).

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The motions’ hearing date of September 3, 2013, remains undisturbed.

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IT IS SO ORDERED.

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Dated: August 9, 2013
_________________________________________

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE