Felarca et al v. Birgeneau et al

Filing 451

ORDER DENYING PLAINTIFFS' MOTION FOR A ONE DAY EXTENSION AS MOOT re 450 MOTION for Extension of Time to File Response/Reply (One-Day Extension) filed by Anthony Morreale, Maximilian McDonald, Taro Yamaguchi-Phillips, Yania Escobar, Joseph Finton, Honest Chung, Benjamin Lynch, Liana Mulholland, Jacquelyn Kingkade, Colleen Young, Sachinthya Wagaarachchi, Colleen Mica Stumpf, Justin Tombolesi, Morgan Crawford, Louis Helm, Julie Klinger, Erick Uribe, Francisco Alvarado-Rosas, Joshua Anderson, Yvette Felarca, Christopher Anderson. ORDER TO SHOW CAUSE RE: SANCTIONS FOR FAILURE TO COMPLY WITH DEADLINES. Order to Show Cause Hearing set for Wednesday, 7/29/2015 10:00 AM. Should Plaintiffs file their Rep ly and Opposition on Motions for Summary Judgment On Issues of Excessive Force and False Arrest no later than 9:00am on 7/27/2015 the Court will vacate the Order to show Cause Hearing. If not filed by that time: Show Cause Response due no later than 9:00AM on 7/27/2015. Signed by Judge Yvonne Gonzalez Rogers on 7/23/15. (fs, COURT STAFF) (Filed on 7/23/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVETTE FELARCA, ET AL.,

Case No. 11-cv-05719-YGR

Plaintiffs,
ORDER DENYING PLAINTIFFS’ MOTION FOR
A ONE-DAY EXTENSION AS MOOT;

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v.
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ROBERT J. BIRGENEAU, ET AL.,
Defendants.

United States District Court
Northern District of California

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ORDER TO SHOW CAUSE RE: SANCTIONS
FOR FAILURE TO COMPLY WITH
DEADLINES
Dkt. No. 450

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On July 21, 2015, Plaintiffs filed a Motion For A One-Day Extension To File Reply And
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Opposition On Motions For Summary Judgment On Issues Of Excessive Force And False Arrest,
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seeking an extension of time from July 21, 2015, to July 22, 2015. (Dkt. No. 450.) However,
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Plaintiffs failed to file a Reply and Opposition, or any other document, on July 22, 2015. The
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Motion for a One-Day Extension is therefore DENIED AS MOOT. With respect to the deadline at
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issue, the Court notes that it previously granted Plaintiffs’ stipulated requests for extensions of this
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deadline, first extending the date from June 30 to July 14, 2015, then further extending the
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deadline to July 21, 2015. Plaintiffs’ latest request, offering only that they “underestimated the
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difficulty” of completing their filing, did not offer good cause for an extension. Plaintiffs have
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been warned orally, and in writing, about their cavalier disregard of filing deadlines. They are
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hereby on notice that all subsequent failures to comply will carry appropriate monetary or
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evidentiary sanctions.
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In light of the above, Plaintiffs are hereby ORDERED TO SHOW CAUSE why the Court
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should not impose monetary or evidentiary sanctions against them for their repeated, flagrant
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disregard of filing deadlines in connection with the summary judgment motions and throughout
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the course of this litigation. The Court SETS a hearing on the Order to Show Cause on

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Wednesday, July 29, 2015, at 10:00 a.m. Defendants’ appearance is not required.

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Should Plaintiffs file their Reply and Opposition on Motions For Summary Judgment On

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Issues Of Excessive Force And False Arrest no later than 9:00 a.m. on Monday, July 27, 2015,

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the Court will vacate the Order to Show Cause and hearing. To the extent such Reply and

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Opposition has not been filed by that time, Plaintiffs’ shall file a written response to the Order to

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Show Cause no later than 9:00 a.m. on Monday, July 27, 2015.

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Defendants’ reply on their cross-motions for summary judgment shall be due no later than
28 days after the filing of Plaintiffs’ opposition to the cross-motions, consistent with the parties’
prior stipulation.

United States District Court
Northern District of California

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This order terminates Dkt. No. 450.

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IT IS SO ORDERED.

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Dated: July 23, 2015
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT

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