Hurtado v. Walmart Stores, Inc.

Filing 9

ORDER DISCHARGING 7 Order to Show Cause Dated January 29, 2015; ORDER GRANTING Plaintiff an Extension of Time to File an Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 2/17/2015. Second Amended Complaint due by 3/13/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO HURTADO,
Plaintiff,

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v.
WALMART STORES, INC./STORE #5134,
Defendant.

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Case No.: 1:14-cv-01706 - --- - JLT
ORDER DISCHARGING ORDER TO SHOW
CAUSE DATED JANUARY 29, 2015 (Doc. 7)
ORDER GRANTING PLAINTIFF AN
EXTENSION OF TIME TO FILE AN AMENDED
COMPLAINT

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Plaintiff Pablo Hurtado initiated this action by filing complaint against his employer, Walmart

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Stores, because he claims that they denied him promotions and required him to collect shopping carts

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based upon his gender. (Doc. 5 at 2). On December 23, 2014, the Court determined Plaintiff failed to

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allege facts sufficient to support the claims for relief, and dismissed the complaint with leave to amend.

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(Doc. 6.) Plaintiff was ordered to file a second amended complaint within thirty days of the date of

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service, or no later than January 26, 2015. (Id. at 4). Plaintiff failed to file an amended complaint, and

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as a result the Court issued an order to show cause why the action should not be dismissed. (Doc. 7.)

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Plaintiff filed a timely response to the Court’s order on February 12, 2015. (Doc. 8.) He

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explained that he has been seeking assistance with filing an amended complaint, both by visiting a law

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library and contacting lawyers to find one willing to take his case on a pro bono basis. (Id. at 2.)

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However, he has been unable to find a lawyer to represent him in this action. (Id.) Further, Plaintiff

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reports that he has been having difficulty with the costs related to copying and mailing his pleadings
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and exhibits, and the costs to do so have been approximately $50 for four copies, including one copy

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for the court, two copies for service, and one for himself. (Id. at 1.)

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As the Court previously informed Plaintiff, he is not required to attach exhibits to his complaint

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and, indeed, the Court will not cull through these exhibits in an attempt to find a cognizable claim.

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Thus, it is not necessary to copy 80 pages of exhibits when filing a complaint. Rather, the body of a

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complaint must set forth factual allegations—rather than conclusions—as to each element of the prima

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facie case such to give the defendants fair notice of the claims Plaintiff is pursuing. See Fed. R. Civ. P.

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8. Likewise, Plaintiff is not required to state legal authority to support his claims. Finally, Plaintiff is

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advised that until service of the complaint is authorized by the Court, he has no need to obtain copies of

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the complaint for service.
Because Plaintiff reports that he is seeking assistance with preparation of the complaint, the

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Court will grant Plaintiff an extension of time to file his second amended complaint. Accordingly, the

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Court ORDERS:

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1.

The Order to Show Cause dated January 29, 2015 (Doc. 7) is DISCHARGED;

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2.

Plaintiff is GRANTED an extension of time to file his second amended complaint; and

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3.

Plaintiff SHALL file a second amended complaint no later than March 13, 2015.

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Plaintiff is advised that failure to comply with this order will result in the recommendation

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that the action be dismissed for failure to prosecute pursuant to Local Rule 110.

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IT IS SO ORDERED.
Dated:

February 17, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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