Jordan v. The Presidio Trust et al

Filing 90

ORDER TO SHOW CAUSE. Show Cause Response due by 10/27/2017. Signed by Judge Kandis A. Westmore on 10/24/17. (kawlc2, COURT STAFF) (Filed on 10/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICIA JORDAN,
Plaintiff,

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ORDER TO SHOW CAUSE

v.

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Re: Dkt. Nos. 80, 89

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THE PRESIDIO TRUST, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-02122-KAW

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On August 25, 2017, Defendants filed their motion to dismiss the second amended

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complaint. (Dkt. No. 79.) In contravention of Civil Local Rule 5-1 and this Court's Standing

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Order, Defendants failed to provide a chambers copy of their filing. On September 6, 2017, the

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Court issued an order requiring a chambers copy to be delivered to the Court within three days of

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the order. (Dkt. No. 80.) Defendants did not comply.
On October 11, 2017, Defendants filed their reply in support of the motion to dismiss the

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second amended complaint. (Dkt. No. 88.) Again, Defendants failed to provide a chambers copy

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of their filing. On October 17, 2017, the Court again issued an order requiring a chambers copy of

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both the moving papers and reply brief to be delivered to the Court within three days of the order.

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(Dkt. No. 89.) Defendants did not comply.1
Accordingly, Defendants' counsel is ordered to provide a chambers copy of the moving

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papers and reply brief, and to show cause, by October 27, 2017, why they should not be

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sanctioned for failure to comply with the Court's September 6, 2017 and October 17, 2017 orders

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The Court also notes that it issued an order requiring a chambers copy as to Defendants' motion
to dismiss the first amended complaint, to which Defendants also failed to comply. (See Dkt. No.
64.)

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under the Court's inherent authority. See Network Caching Tech., LLC v. Novell, Inc., No. C-01-

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2079 VRW, 2003 WL 21699799, at *3 (N.D. Cal. Mar. 21, 2003) ("there is no question the court may,

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again under its inherent authority, sanction failure to comply with court orders ").

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IT IS SO ORDERED.
Dated: October 24, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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