Beltran v. EMI Music, Inc.

Filing 34

ORDER TO SHOW CAUSE REGARDING PLAINTIFF'S MOTION TO STRIKE Order to Show Cause Hearing set for Friday,6/8/2012 09:01 AM. Show Cause Response due no later than Friday, 6/1/2012 at 5:00pm. Signed by Judge Yvonne Gonzalez Rogers on 5/30/12. (fs, COURT STAFF) (Filed on 5/30/2012)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

GRACIELA BELTRAN, individually and on
behalf of himself and all others similarly
situated,

Case No.: C-12-01002-YGR
ORDER TO SHOW CAUSE REGARDING
PLAINTIFF’S MOTION TO STRIKE

8

Plaintiffs,

9
10

vs.

Northern District of California

CAPITAL RECORDS, LLC, et al.,

12
United States District Court

11

Defendants.

13
14
15

Plaintiff filed a Notice of Motion and Motion to Strike Exhibit 1 to Defendants’ Request for

16

Judicial Notice and All References to Exhibit 1 in Defendants’ Motion to Dismiss. (Dkt. No. 33.)

17

Plaintiff noticed this Motion to Strike for June 19, 2012, the same date as the hearing on the pending

18

Motion to Dismiss First Amended Complaint. (Dkt. No. 14.)

19

Plaintiff is hereby ORDERED TO SHOW CAUSE why this Motion to Strike should not be

20

stricken for failure to comply with Civ. L.R. 7-2(a), which requires that motions are noticed for

21

hearing not less than 35 days after service of the motion. Under the Local Rules’ briefing schedule,

22

the reply on the Motion to Strike will not be due until the day of the hearing. Civ. L.R. 7-3.

23

Moreover, the Local Rules require that evidentiary and procedural objections to a motion be contained

24

within the opposition brief. Id.

25

The Order to Show Cause hearing shall be held on Friday, June 8, 2012 on the Court’s 9:01

26

a.m. calendar in the Federal Courthouse, 1301 Clay Street, Oakland, California, in a courtroom to be

27

designated. Plaintiff must file a written response to this Order to Show Cause, no later than Friday,

28

June 1, 2012 at 5:00 p.m., explaining why the Court should permit the Motion to Strike to proceed as

1

a separately noticed motion with its own briefing schedule. Plaintiff’s counsel must personally appear

2

at the hearing. Failure to file a written response or to appear personally will be deemed an admission

3

that good cause exists for the Court to strike Plaintiff’s Motion to Strike.

4

IT IS SO ORDERED.

5
6

Dated: May 30, 2012

___________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

7
8
9
10
11

Northern District of California

United States District Court

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2