Free Notice (Other) - District Court of California - California

Case 4:07-cv-03885-CW

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Filed 02/25/2008

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division MICHAEL T. PYLE (CSBN 172954 ) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-7322 FAX: (415) 436-6748 E-mail:[email protected] Attorneys for Defendants Scott N. Schools, former U.S. Attorney for the Northern District of California and Karen P. Tandy, former Administrator, U.S. Drug Enforcement Administration UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JOHN PHILLIPS, ) ) Plaintiff, ) ) v. ) ) CITY OF OAKLAND, CALIFORNIA, ) KAREN P. TANDY, Administrator, U.S. ) Drug Enforcement Administration, SCOTT ) N. SCHOOLS, U.S. Attorney for the ) Northern District of California, ARNOLD ) SCHWARZENEGGER, Governor of the ) State of California, ) ) Defendants. ) ) No. 07-03885 CW NOTICE OF PLAINTIFF'S APPARENT FAILURE TO TIMELY FILE AND/OR SERVE AN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

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The Federal Defendants filed and served a motion to dismiss on January 31, 2008. See Docket Entry Nos. 23 (notice of motion and motion) and 25 (proof of service). Plaintiff's opposition papers were due to be filed on February 21, 2008. Defendant's counsel has received no opposition and no opposition appears on the Court's PACER website. On February 21, 2008, Plaintiff Mr. Phillips came to the undersigned's office with a copy of the Federal Defendants' moving papers that were served on January 31, 2008. Plaintiff told the undersigned that he had not received the Federal Defendants' moving papers until February 20,
FEDERAL DEFENDANTS' NOTICE OF PLAINTIFF'S FAILURE TO FILE/SERVE OPP. TO MTD 07-03885 CW 1

Case 4:07-cv-03885-CW

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Filed 02/25/2008

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2008. The Federal Defendants contend that Plaintiff was properly served with their moving papers for their motion to dismiss on January 31, 2008 and submit that those moving papers establish that this Action should be dismissed with prejudice.

Dated: February 25, 2008

Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

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/s/ Michael T. Pyle Assistant U.S. Attorney Attorneys for Federal Defendants

FEDERAL DEFENDANTS' NOTICE OF PLAINTIFF'S FAILURE TO FILE/SERVE OPP. TO MTD 07-03885 CW

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