Perez v. Cate et al

Filing 85

ORDER DIRECTING DEFENDANTS TO FILE REPLY AND TO SHOW CAUSE RE: SANCTIONS. Signed by Judge JEFFREY S. WHITE on 8/9/12. (jjoS, COURT STAFF) (Filed on 8/9/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 SALVADOR PEREZ, ) ) Plaintiff, ) ) v. ) ) ) MATTHEW CATE, et al., ) ) Defendants. ) _________________________________ ) No. C 10-3730 JSW (PR) ORDER DIRECTING DEFENDANTS TO FILE REPLY AND TO SHOW CAUSE RE. SANCTIONS 18 Defendants filed a motion for an extension of time in which to file a reply to 19 Plaintiff’s opposition to their motion for summary judgment. On July 9, 2012, 20 Defendants were ordered to file: (1) a reply to Plaintiff’s opposition to the motion for 21 summary judgment; and (2) an opposition or other response to Plaintiff’s motion for 22 sanctions, no later than July 23, 2012. Defendants filed an opposition to Plaintiff’s 23 motion for sanctions on July 23, 2012. Defendants did not file a reply brief, however. 24 This is not the first time that Defendants’ counsel has performed deficiently in this case – 25 Defendants did not respond to Plaintiff’s motion for sanctions until ordered to do so 26 Within 7 days of the date this order is filed, Defendants shall file a reply to 27 Plaintiff’s opposition to their motion for summary judgment and shall show cause why 28 1 they should not be sanctioned for failing to file a reply brief on or before July 23, 2012, 2 as ordered by the Court on July 9, 2012. Defendants’ failure to comply with this order 3 will result in the denial of their motion for summary judgment. 4 5 IT IS SO ORDERED. DATED: August 9, 2012 6 7 JEFFREY S. WHITE United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 SALVADOR PEREZ, Case Number: CV10-03730 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 MATTHEW CATE et al, 9 Defendant. 10 11 12 13 14 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 9, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Salvador Perez J47812 P.O. Box 7500 Crescent City, CA 95532 Dated: August 9, 2012 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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