Hampton et al v. City Of Oakland et al

Filing 15

ORDER DIRECTING PLAINTIFFS TO FILE RESPONSE TO DEFENDANTS 9 , 10 ) MOTIONS TO DISMISS. Responses due by 8/21/2013. Signed by Judge Saundra Brown Armstrong on 8/16/2013. (ndr, COURT STAFF) (Filed on 8/16/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 FRED HAMPTON, et al.,

Plaintiffs,

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vs.

Case No: C 13-03094 SBA
ORDER DIRECTING PLAINTIFFS
TO FILE RESPONSE TO
DEFENDANTS’ MOTIONS TO
DISMISS

9 CITY OF OAKLAND, et al.,
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Defendants.

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On August 1, 2013, Defendants City of Oakland and City of Emeryville filed

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separate motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). Dkt. 9, 10.

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Under Civil Local Rule 7-3(a), an opposition to a motion must be filed within fourteen days

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of the date the motion was filed, and the reply is due seven days thereafter. Plaintiffs’

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responses to the pending motions should thus have been filed by no later than August 15,

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2013. To date, Plaintiffs have not filed any responses to Defendants’ motions.

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This Court’s Standing Orders warn that the failure to file a response to a motion may

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be construed as consent to the relief sought in the unopposed motion. As such, the Court is

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well within its discretion to dismiss the action with prejudice. See Fed. R. Civ. P. 41(b);

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Al-Torki v. Kaempen, 78 F.3d 1381, 1385 (9th Cir. 1996). Nevertheless, mindful of its

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obligation to first consider to less drastic alternatives, the Court will afford Plaintiffs one

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further opportunity to respond to the pending motions. Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiffs shall have until August 21, 2013 to file

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and serve their responses (i.e., either an opposition or a statement of non-opposition) to

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Defendants’ Rule 12(b)(6) motions to dismiss. Plaintiffs’ responses shall comply in all

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respects with the Federal Rules of Civil Procedure and the Court’s Civil Local Rules

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including, without limitation, Civil Local Rules 7-3 through 7-5. Prior to filing their

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responses, counsel shall meet and confer in person or by telephone with Defendants’

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counsel, as specified in Civil Local Rule 1-5(n). In addition, Plaintiffs’ responses shall

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include a certification that they have complied with the meet and confer requirement.

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PLAINTIFFS ARE WARNED THAT THE FAILURE TO FILE A RESPONSE BY

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THIS DEADLINE AND/OR TO COMPLY WITH THIS ORDER OR ANY OTHER

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APPLICABLE PROCEDURAL RULES WILL RESULT IN THE GRANTING OF

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THE PENDING MOTIONS AND THE DISMISSAL OF THIS ACTION. In the event

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Plaintiffs timely file responses to the pending motions, Defendants may file a reply within

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seven days after the deadline for Plaintiffs’ responses are filed.
IT IS SO ORDERED.
Dated: 8/16/13

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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