Chang et al v. City of Pacifica et al
ORDER TO SHOW CAUSE WHY MOTIONS FOR SUMMARY JUDGMENT SHOULD NOT BE ADJUDICATED AS UNOPPOSED: Plaintiff's Show Cause Response not to exceed five pages due by 6/28/2017. Signed by Saundra Brown Armstrong on 6/23/17. (ig, COURT STAFF) (Filed on 6/23/2017)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8 THOMAS CHANG, CHRISTINE GOIAS,
and MATTHEW CHANG, individually and
9 as survivors of, and successors to, decedent
Case No: C 15-04591-SBA
ORDER TO SHOW CAUSE WHY
MOTIONS FOR SUMMARY
JUDGMENT SHOULD NOT BE
ADJUDICATED AS UNOPPOSED
CITY OF PACIFICA, et al.,
Defendants Daly City and four of its individual officers (collectively, “Daly City
Defendants”) and City of Pacifica and eight of its individual officers (collectively, “Pacifica
Defendants”) have filed separate motions for summary judgment. Dkt. 27, 33. Plaintiff’s
oppositions to the motions were due by no later than June 16, 2016. See Dkt. 36. To date,
no oppositions have been received. Additionally, on June 20, 2017, the Clerk directed
Plaintiff’s counsel to file a stipulation or administrative motion seeking leave to file a late
brief. To date, no such filing has been received.
Accordingly, Plaintiff IS HEREBY ORDERED to show cause why the pending
summary judgment motions should not be adjudicated as unopposed. See United States v.
Real Property at Incline Village, 47 F.3d 1511, 1520 (9th Cir. 1995) (although a court
cannot grant a summary judgment motion merely because it is unopposed, the court may
grant an unopposed motion for summary judgment if the movant’s papers are themselves
sufficient to support the motion and do not on their face reveal a genuine issue of material
fact); accord Martinez v. Stanford, 323 F.3d 1178, 1182 (9th Cir. 2003). Plaintiff shall
submit a written response to this Order, not to exceed five pages, by no later than June 28,
2017. If no response to this Order is received by the deadline, the Court will presume that
the summary judgment motions are unopposed and adjudicate them as such.
IT IS SO ORDERED.
SAUNDRA BROWN ARMSTRONG
Senior United States District Judge
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