Opinion
No. CIV S-08-2851 GGH.
December 8, 2009
ORDER
On October 23, 2009, this court issued an order to show cause why this case should not be dismissed for failure to file a summary judgment motion pursuant to the December 17, 2008, scheduling order. On November 12, 2009, plaintiff's counsel filed a response and a summary judgment motion, explaining that due to a seriously impacted caseload, counsel failed to re-calendar the motion. Plaintiff's response is satisfactory.
THEREFORE, the order to show cause, filed October 23, 2009, is discharged.