Brendan Huerta v. United States Department of Agriculture et al

Filing 39

ORDER TO SHOW CAUSE re 38 Defendants' Motion to Dismiss. Plaintiff's Show Cause Response due by November 2, 2016. Signed by Judge Kandis A. Westmore on 10/26/2016. (kawlc2, COURT STAFF) (Filed on 10/26/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRENDAN HUERTA, Case No. 16-cv-00434-KAW Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 UNITED STATES DEPARTMENT OF AGRICULTURE, et al., 11 United States District Court Northern District of California 10 Re: Dkt. No. 38 Defendants. 12 13 On October 11, 2016, Defendants United States Department of Agriculture and Agriculture 14 Research Service filed a motion to dismiss Plaintiff Brendan Huerta's complaint. (Dkt. No. 38.) 15 Plaintiff's opposition was due on October 25, 2016, but Plaintiff did not file an opposition. 16 Therefore, Plaintiff is ordered, on or before November 2, 2016, to 1) file an opposition to 17 Defendant's motion to dismiss, and 2) respondent to this order to show cause by explaining why he 18 did not file a timely opposition. Failure to complete both tasks by November 2, 2016 may result 19 in the Court granting Defendant's motion pursuant to Paragraph 22 of this Court's Standing Order, 20 which states that "[t]he failure of the opposing party to file a memorandum of points and 21 authorities in opposition to any motion shall constitute consent to the granting of the motion." 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 26, 2016 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge

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