Huerta v. County of Tulare, et al

Filing 184

ORDER FOR PLAINTIFF TO SHOW CAUSE Why His Claims Against Doe Defendants 1-50 Should not be Dismissed Without Prejudice signed by Magistrate Judge Erica P. Grosjean on February 28, 2024. Accordingly, based on the foregoing, it is HEREBY ORDERED that: 1. Plaintiff has twenty-one days from the date of this order to show cause why his claims against Doe Defendants 1-50 should not be dismissed, without prejudice, for failure to prosecute, and/or failure to comply with Rule 4(m). 2. Alternatively, Plaintiff may file an appropriate stipulation for the dismissal of the Doe defendants. (Lopez Amador, Corina)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 RAMIRO HUERTA, 13 14 15 16 Plaintiff, v. Case No. 1:17-cv-01446-EPG ORDER FOR PLAINTIFF TO SHOW CAUSE WHY HIS CLAIMS AGAINST DOE DEFENDANTS 1-50 SHOULD NOT BE DISMISSED WITHOUT PREJUDICE COUNTY OF TULARE, et al., RESPONSE DUE WITHIN 21-DAYS Defendants. 17 18 Plaintiff Ramiro Huerta (“Plaintiff”) initiated this civil rights action on October 25, 2017. 19 (ECF No. 1). For the reasons that follow, the Court will order Plaintiff to show cause why his 20 claims against Doe Defendants 1-50 should not be dismissed without prejudice. 21 22 23 24 25 This case proceeds on Plaintiff’s federal and state law claims against the Tulare County Sheriff’s Department (“TCSD”), as well as TCSD deputies, Ronald Smith, Michael Coldren, James Dillon, Salvador Ceja, Hector Hernandez, and Does 1-50. (See ECF Nos. 22, 183). Discovery concluded in this case on June 15, 2023. (See ECF No. 135 at 2). The Court has adjudicated Defendants’ motion for summary judgment, and the deadline to file dispositive motions has passed. (See ECF Nos. 183, 135 at 2). This case is set for a jury trial beginning on 26 June 18, 2024. (ECF No. 166). However, Doe Defendants 1-50 remain unnamed. Accordingly, 27 based on the foregoing, it is HEREBY ORDERED that: 28 1 1 1. Plaintiff has twenty-one days from the date of this order to show cause why his claims 2 against Doe Defendants 1-50 should not be dismissed, without prejudice, for failure to 3 prosecute, and/or failure to comply with Rule 4(m). 4 2. Alternatively, Plaintiff may file an appropriate stipulation for the dismissal of the Doe 5 defendants. 6 7 8 9 IT IS SO ORDERED. Dated: February 28, 2024 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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