Gilmore v. Lopez et al

Filing 31

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 6/6/2018 02:00 PM. Show Cause Response due by 6/6/2018 at 12:00 PM.. Signed by Judge Lucy H. Koh on 6/4/18. (lhklc1, COURT STAFF) (Filed on 6/4/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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JOHN GILMORE,
Plaintiff,

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Case No. 17-CV-03024-LHK
ORDER TO SHOW CAUSE WHY
MOTION FOR SUMMARY JUDGMENT
SHOULD NOT BE GRANTED

v.
MARIA LOPEZ, et al.,

Re: Dkt. No. 24

Defendants.

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On May 10, 2018, Defendants Hidalgo, Liberatore, and Lopez filed a motion for partial

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summary judgment based on failure to exhaust available administrative remedies as required by

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the Prison Litigation Reform Act. ECF No. 24. Pursuant to Civil Local Rule 7-3, any opposition

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or a statement of non-opposition was due “not more than 14 days after the motion was filed.”

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Thus, any opposition or statement of non-opposition was due on May 24, 2018. As of June 4,

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2018, Plaintiff has not filed an opposition or statement of non-opposition to the motion for partial

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summary judgment. Accordingly, the Court hereby ORDERS Plaintiff to show cause why the

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motion for partial summary judgment should not be granted. Plaintiff shall file a written response

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to this order to show cause by Wednesday, June 6, 2018 at 12:00 p.m. and shall appear at an order

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to show cause hearing on Wednesday, June 6, 2018 at 2:00 p.m. Failure to file a written response

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Case No. 17-CV-03024-LHK
ORDER TO SHOW CAUSE WHY MOTION FOR SUMMARY JUDGMENT SHOULD NOT BE GRANTED

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and to appear at the hearing shall result in a grant of the pending motion for partial summary

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judgment.

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IT IS SO ORDERED.

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Dated: June 4, 2018
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 17-CV-03024-LHK
ORDER TO SHOW CAUSE WHY MOTION FOR SUMMARY JUDGMENT SHOULD NOT BE GRANTED