No Excuses for Not Answering Weee’s Motion to Dismiss, Says Plaintiff’s Counsel

The failure of plaintiff Helen Jia to file her opposition to Weee’s motion to dismiss her data breach complaint by the Sept. 11 deadline “was an error, albeit one counsel does not take lightly,” said her attorney, Blake Lindemann, in a declaration Thursday (docket 4:23-cv-02314) in U.S. District Court for Northern California in Oakland. His declaration was in response to the court’s Sept. 13 show cause order to explain why Jia’s opposition was never filed. Lindemann has now prepared a draft opposition brief to the motion to dismiss, and believes Jia “can oppose the motion to dismiss in good faith,” he said. He requested the opportunity to finalize the brief, and seeks leave to file it, with a reasonable reply brief deadline afforded to the defendant Weee.