Abeytia v. Fresno Police Department, et al.

Filing 18

ORDER to SHOW CAUSE DIRECTING plaintiff to show cause why this case should not be dismissed; Show Cause Hearing set for 8/17/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 7/17/2009. (Rooney, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A Scheduling Conference was held at 8:15 a.m. on July 16, 2009, and the Court waited until 8:30 a.m. for Plaintiff to appear. Weakley, Arendt & McGuire by Rosemary McGuire, Esq., v. FRESNO POLICE DEPARTMENT, et al., ERNEST HECTOR ABEYTIA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) 1:08-cv-1528 OWW ORDER TO SHOW CAUSE 8/17/09 10:00 Ctrm. 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

appeared for Defendants. The record reflects that Mr. Abeytia has failed to oppose a prior motion to dismiss the complaint and failed to respond to the Court's Order that he file an opposition or a statement of non-opposition to the motion to dismiss. leave to amend the complaint. Plaintiff was given

He has failed to do so.

Plaintiff failed to appear for the Scheduling Conference. Plaintiff failed to participate in preparing a Joint Scheduling Conference Statement. 1

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In view of the continued violation of the Court's Orders and Federal Rule of Civil Procedure 16 requirements, IT IS ORDERED that Plaintiff Ernest Hector Abeytia show cause if any he has on August 17, 2009, at the hour of 10:00 a.m. why this case should not be dismissed for Plaintiff's failure to prosecute or to take any action whatsoever to advance his case. For the further

reason that Plaintiff has violated the Court's orders regarding response to the motion to dismiss, failure to jointly prepare or participate in preparation of the Joint Scheduling Conference Statement, and a failure to appear at the Scheduling Conference held on July 16, 2009.

IT IS SO ORDERED. Dated: July 17, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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