Lota v. Home Depot U.S.A., Inc.

Filing 108

Order Vacating Motion Hearing; Order to Show Cause. Motion hearing set for 11/5/2013 02:00 PM is VACATED. Order to Show Cause Hearing SET for 11/8/2013 09:01 AM. Show Cause Response due by 11/1/2013. Signed by Judge Yvonne Gonzalez Rogers on 10/28/2013. (ygrlc3S, COURT STAFF) (Filed on 10/28/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIGUEL LOTA, et al.,

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Plaintiffs,

Northern District of California

United States District Court

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Case No.: 11-CV-5777_YGR
ORDER VACATING HEARING; ORDER TO
SHOW CAUSE

vs.
HOME DEPOT U.S.A., INC.,

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Defendant(s).

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TO ALL PARTIES AND COUNSEL OF RECORD:

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The Court hereby VACATES the hearing on Plaintiffs’ attorney fee motion (Dkt. No. 84) set
for November 5, 2013. The matter is deemed submitted on the papers. A written ruling shall issue.

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Additionally, the Court hereby ORDERS counsel for Defendant Home Depot U.S.A., Inc. to

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show cause why (1) their separately filed evidentiary objections should not be stricken for failure to

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comply with Civil Local Rule 7-3(a)1 and (2) monetary sanctions for failure to comply with this

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Local Rule should not issue against counsel.
An Order to Show Cause Hearing shall be held on Friday, November 8, 2013 on the Court’s

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9:01 a.m. Calendar, in Courtroom 5 of the United States Courthouse, 1301 Clay Street, Oakland,
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Civil Local Rule 7-3(a) provides: “Any evidentiary . . . objections to the motion must be contained
within the [opposition] brief or memorandum.” Defendant filed twenty-one pages of separate
evidentiary objections to Plaintiffs’ attorney fee motion. (Dkt. No. 97.) Defendant complied with the
Local Rules when objecting to Plaintiffs’ evidence in support of the reply brief. (Dkt. No. 107 (fivepage objection); Civ. L.R. 7-3(d)(1) (permitting separately filed objection to reply evidence,
consisting of no more than five pages).

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California. Defendant’s counsel shall be required to appear personally at the hearing. No more than

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five business days prior to the date of the OSC Hearing, Defendant’s counsel shall file a written

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response to the OSC explaining their failure to comply. The response shall not exceed five pages.

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If the Court is satisfied with counsel’s response, it will consider taking the Order to Show

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Cause hearing off calendar.

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IT IS SO ORDERED.

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Dated: October 28, 2013
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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