Case3:10-cv-03829-WHA Document25 Filed05/06/11 Page1 of 2

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IN THE UNITED STATES DISTRICT COURT
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9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

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AJAY SHARMA,
United States District Court

12 No. C 10-03829 WHA

Plaintiff,
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v.
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F. GERARD HEINAUER, Director, Nebraska ORDER REGARDING DEFENSE
15 Service Center, USCIS, ALEJANDRO COUNSEL’S SECOND FAILURE
MAYORKAS, Director, USCIS, U.S. TO RESPOND TO PLAINTIFF’S
16 CITIZENSHIP & IMMIGRATION SERVICES, MOTION FOR SUMMARY
JANET NAPOLITANO, Secretary of Department JUDGMENT
17 of Homeland Security, U.S. DEPARTMENT OF
HOMELAND SECURITY, and ERIC H.
18 HOLDER, JR., U.S. Attorney General,
19 Defendants.
_______________________________________/
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21 For the second time, counsel for defendants at the U.S. Department of Justice has failed
22 to oppose plaintiff’s motion for summary judgment. After the first infraction, an order to show
23 cause issued. Defense counsel responded under oath, and a new hearing was set on the pending
24 cross-motions. Defense counsel has now violated the local rules again by failing to oppose
25 plaintiff’s motion. As we cannot keep deferring a decision in this case due to defense counsel’s
26 dereliction, however, the motions will be heard on May 26, as scheduled, and defense counsel
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1 shall not file a late opposition to plaintiff’s motion. On the other hand, she may file a reply in
2 support of her own motion by the deadline of May 12, limited to 15 pages (as set by local rule).
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IT IS SO ORDERED.
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Dated: May 6, 2011.
6 WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California

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United States District Court

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