Felarca et al v. Birgeneau et al

Filing 492

ORDER TO SHOW CAUSE RE: SANCTIONS FOR FAILURE TO COMPLY WITH DEADLINES. Show Cause Response due by 9:00 AM on Friday, 8/14/2015. The Court will notify Plaintiffs by separate notice if any hearing is required. Signed by Judge Yvonne Gonzalez Rogers on 8/11/15. (fs, COURT STAFF) (Filed on 8/11/2015)

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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 TO SHOW CAUSE RE: SANCTIONS
FOR FAILURE TO COMPLY WITH
DEADLINES

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v.
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ROBERT J. BIRGENEAU, ET AL.,

Dkt. No. 450

United States District Court
Northern District of California

Defendants.
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PLAINTIFFS AND THEIR COUNSEL ARE HEREBY ORDERED TO SHOW CAUSE why the
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Court should not impose a monetary sanction of no less than $200.00 and/or strike all pages over
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25 in their brief filed July 30, 2015 (Dkt. No. 458, filed as a correction of Dkt. No. 452) for failure
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to comply with Civil Local Rules 7-4(b) and 7-11. Those rules require that requests to submit
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overlength briefs to be filed in advance of the due date. Here, the due date for the briefing was
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extended numerous times over the course of more than a month. Plaintiffs ultimately failed to
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meet the extended deadline, not submitting a brief until July 27, 2015. Moreover, Plaintiffs
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thereafter filed a “corrected” version of their brief, making substantive changes as well as adding a
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table of contents and authorities, on July 30, 2015. (Dkt. No. 458.) At no time did Plaintiffs seek
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permission to file an overlength brief as required by the rules.
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Plaintiffs’ failure to comply with the rules regarding overlength briefing is only the most
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recent example of their now lengthy history of disregard for this Court’s orders and Local Rules.
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See,e.g., Dkt. No. 451 (order to show cause re: sanctions for late filing); Dkt. No. 344 (order
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noting that, despite two extensions of the deadline for amending pleadings, Plaintiffs filed a Third
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Amended Complaint past the Court-ordered deadline and without first seeking leave of court or
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complying with Court’s order to file motion for leave to amend or stipulation); Dkt. No. 430

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(denying request for extension of time to file reply brief, filed six days after due date without a

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basis for good cause or proposed reply brief). Plaintiffs were warned that continued flagrant

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disregard for the Court’s rules and orders would no longer be tolerated.

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Plaintiffs shall file a written response to the Order to Show Cause no later than 9:00 a.m.

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on Friday, August 14, 2015. The Court will notify Plaintiffs by separate notice if any hearing is

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required.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: August 11, 2015
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT

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