Owens v. Fresno Foods, LLC, et al.

Filing 42

ORDER REQUIRING PLAINTIFFS COUNSEL TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURTS ORDER. IT IS HEREBY ORDERED that Plaintiffs counsel shall show cause in writing why this action should not be dismissed for fa ilure to file a motion for substitution in compliance with this Courts October 31, 2016 order by January 17, 2017. Failure to comply with this order will result in this action being dismissed for failure to prosecute. Signed by Magistrate Judge Stanley A. Boone on 12/28/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR OWENS,
Plaintiff,

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ORDER REQUIRING PLAINTIFF’S
COUNSEL TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO COMPLY WITH
COURT’S ORDER

v.

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Case No. 1:15-cv-01526-SAB

FRESNO FOODS, LLC, et al.,
Defendants.

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(ECF No. 41)

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On October 20, 2016, Plaintiff’s counsel filed a statement of death informing the Court

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16 that Plaintiff is deceased. On October 31, 2016, the Court ordered that a motion for substitution
17 be filed on or before December 23, 2016. However, a motion for substitution or other response
18 to the October 31, 2016 order has not been filed.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s counsel shall show cause in

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20 writing why this action should not be dismissed for failure to file a motion for substitution in
21 compliance with this Court’s October 31, 2016 order by January 17, 2017. Failure to comply
22 with this order will result in this action being dismissed for failure to prosecute.
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IT IS SO ORDERED.

25 Dated:

December 28, 2016
UNITED STATES MAGISTRATE JUDGE

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