Hernandez v. KN Petroleum, LLC et al

Filing 27

ORDER TO SHOW CAUSE; Reset Deadlines as to 24 Motion for Sanctions.Defendant's Opposition and Show Cause Response due by 1/13/2025. Plaintiff's Reply due by 1/21/2025. Motion for Sanctions Hearing set for 2/20/2025, at 01:30 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 1/6/2025. (eac, COURT STAFF) (Filed on 1/6/2025)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERARDO HERNANDEZ,
Plaintiff,

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v.

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ORDER TO SHOW CAUSE
Re: Dkt. No. 24

KN PETROLEUM, LLC, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 4:24-cv-03653-KAW

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On December 9, 2024, Plaintiff filed a motion for sanctions, which included a request for

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terminating sanctions under Federal Rule of Civil Procedure 37. Pursuant to Civil Local Rule 7-

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3(a), Defendants’ opposition was due 14 days after the motion was filed, which was December 23,

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2024.

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To date, Defendants have not filed an opposition or statement of non-opposition. Pursuant

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to the undersigned’s standing order, “[t]he failure of the opposing party to file a memorandum of

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points and authorities in opposition to any motion shall constitute consent to the granting of the

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motion.” (Judge Westmore’s General Standing Order ¶ 23.)
Accordingly, Defendants is ordered, on or before January 13, 2025, 1) to file an opposition

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or statement of non-opposition to the pending motion, and 2) to file a response to this order to

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show cause explaining why the opposition was not timely filed. Should an opposition be filed,

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Plaintiff may file a reply on or before January 21, 2025.

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Finally, the motion hearing set for January 16, 2025 is continued to February 20, 2025 at
1:30 p.m., and will be held in-person at U.S. District Court, 1301 Clay Street, Oakland, CA 94612.
IT IS SO ORDERED.
Dated: January 6, 2025
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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