Johnson v. Piccolo Properties LP et al

Filing 30

Order Discharging 28 Order to Show Cause, Continuing Hearing on 22 First MOTION to Stay & Early Evaluation Conference filed by Piccolo Properties LP, Carmelo Piccolo to 3/10/2016 11:00 AM before Magistrate Judge Donna M. Ryu.Signed by Judge Donna M. Ryu on 2/10/2016. (dmrlc3, COURT STAFF) (Filed on 2/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

Case No. 15-cv-05491-DMR

Plaintiff,
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v.
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PICCOLO PROPERTIES LP, et al.,
Defendants.

ORDER REQUESTING RESPONSE;
DISCHARGING ORDER TO SHOW
CAUSE
Re: Dkt. Nos. 22, 29

United States District Court
Northern District of California

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Defendants Carmelo Piccolo and Piccolo Properties LP filed a motion to stay and for an

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early evaluation conference [Docket No. 22] on January 11, 2016. Pursuant to Civil Local Rule 7-

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3(a), any brief in opposition to Defendants’ motion was due on January 25, 2016. On January 27,

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2016, the court issued an Order to Show Cause to Plaintiff Scott Johnson, ordering that he respond to

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Defendants’ motion and show cause for his failure to respond to the motion in accordance with Civil

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Local Rule 7-3(a), or alternatively to file a statement of non-opposition as required by Civil Local Rule

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7-3(b). Docket No. 28. On February 9, 2016, Plaintiff filed a response to the Order to Show Cause,

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indicating that his failure to respond to the motion was the result of a calendaring error, and requesting

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that the court accept his Opposition to Defendant Res-Care’s motion [Docket No. 26] as responsive to

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Defendants Carmelo Piccolo and Piccolo Properties LP’s motion to stay because the issues raised in

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both motions are identical. Docket No. 29.

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The court discharges the order to show cause, and accept the opposition as requested by

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Plaintiff. Defendants Piccolo Properties, LP and Carmelo Piccolo shall file any reply by February 16,

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2016.

The hearing set for February 25, 2016 is hereby continued to March 10, 2016 at 11:00

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A.M.
IT IS SO ORDERED.

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Dated: February 10, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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