Coyle v. Equifax, Inc. et al

Filing 48

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. Show Cause Response due by 6/9/2017. Signed by Judge Haywood S. Gilliam, Jr. on 6/1/2017. (ndrS, COURT STAFF) (Filed on 6/1/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOUGLAS COYLE,
Plaintiff,

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v.

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ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED

EQUIFAX, INC.,
Defendant.

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United States District Court
Northern District of California

Case No. 16-cv-05675-HSG

Re: Dkt. No. 34

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On October 5, 2016, Plaintiff filed the present suit against Defendant Equifax, Inc.

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(“Equifax”). See generally Dkt. No. 1 (“Compl.”). Defendant filed a motion to dismiss on

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January 6, 2017, pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 34. To date,

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Plaintiff has failed to oppose the motion.
In general, an opposition must be filed and served “not more than 14 days after the motion

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was filed.” L.R. 7-3(a). The Court interprets a failure to oppose a motion to dismiss as a

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concession that the original complaint should be dismissed. See Marziano v. Cty of Marin, No. C-

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10-2740 EMC, 2010 WL 3895525, at *4 (N.D. Cal. Oct. 4, 2010) (interpreting plaintiff’s failure to

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oppose defendant’s motion to dismiss as a concession that the claim at issue should be dismissed);

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see also GN Resound A/S v. Callpod, Inc., No. C 11-04673 SBA, 2013 WL 1190651, at *5 (N.D.

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Cal. Mar. 21, 2013) (construing plaintiff’s failure to oppose defendant’s argument as a concession

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of that argument).

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The Court thus ORDERS Plaintiff to show cause by June 9, 2017 why this case should not

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be dismissed based on his failure to oppose Equifax’s pending motion to dismiss. See Marziano,

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2010 WL 3895525, at *4.

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IT IS SO ORDERED.
Dated: 6/1/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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