Jimmie Stephen v. St Francis Medical Center et al

Filing 41

ORDER TO SHOW CAUSE WHY ACTION AND SECOND AMENDED COMPLAINT SHOULD NOT BE DISMISSED by Judge Manuel L. Real. 1. Plaintiffs shall, within fourteen (14) days, show good cause in writing why the Court should not sua sponte, dismiss this action for fai lure to effect service upon any defendant and/or dismiss the Second Amended Complaint for failure to state a federal claim and for lack of subject matter jurisdiction as to the state law claims. 2. To the extent plaintiffs (a) have timely ser ved the defendants and file proofs of service reflecting the same by the foregoing deadline, or show good cause for the failure to do so; and (b) believe they are able to allege different or new facts in an amended complaint which adequately c orrects all of the pleading deficiencies identified above, they are granted one final opportunity to do so by filing a Third Amended Complaint on or before the foregoing deadline. 3. If plaintiffs (or one or more of them) no longer wish to pu rsue this action, they may sign and return the attached dismissal form (or a copy thereof) by the foregoing deadline, which may serve as their response to this Order to Show Cause. See order for further details. (Attachments: # 1 Notice of Dismissal Form) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

JIMMIE STEPHENS, et al.,

2:15-cv-05568-R-JC
Plaintiff(s),

v.
ST. FRANCIS MEDICAL CENTER, et al.,
Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)