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Franklin E Glaser, et al v. Advantage Financial

UNITED STATES DISTRICT COURT Northern District of California


December 16, 2010

FRANKLIN E GLASER, ET AL.,
PLAINTIFFS,
v.
ADVANTAGE FINANCIAL, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER DISCHARGING

OSC

ORDER SCHEDULING HEARING RE MOTIONS TO DISMISS

For the Northern District of California

For the Northern District of California

For the Northern District of California

COURT

COURT

COURT

DISTRICT

DISTRICT

DISTRICT

STATES

STATES STATES

UNITED UNITED UNITED

On December 1, 2010, the Court issued a second order to show cause, requiring Plaintiffs 11 Franklin and Victoria Glaser to show cause why this case should not be dismissed for failure to 12 prosecute and comply with court deadlines. (Dkt. #20.) Having reviewed Plaintiffs' counsel's declaration in response, (Dkt. #21), the Court is troubled that counsel fails to provide any tolerated. However, so that the case may proceed on the merits, the Court shall permit Plaintiffs a justification for their failure to file oppositions to Defendants' pending motions. Instead, counsel states that Plaintiffs have a meritorious case and should be allowed to proceed. As this is the second time that Plaintiffs have failed to file an opposition, such failure without justification will not be final opportunity to respond. Accordingly, the Court hereby DISCHARGES the second order to 19 show cause. Plaintiffs shall file an opposition to Defendants' motions to dismiss by December 23, 20 2010, Defendants shall file any replies by January 6, 2011, and the Court shall conduct a hearing on 21 January 20, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San 22 Francisco, California. If Plaintiffs fail to file an opposition by December 23, 2010, this case shall be 23 dismissed and Plaintiffs' counsel shall be reported to the California State Bar for their conduct in 24 this matter.

20101216

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