(PS) Altstatt et al v. City of Sacramento et al

Filing 91

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 08/06/18 ORDERING plaintiffs to SHOW CAUSE by 08/20/18 why they have not filed an amended complaint. The filing of an amended complaint will discharge this order. (Benson, A.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DANIEL JAMES ALTSTATT, et al.,

12

Plaintiffs,

13
14

No. 2:18-cv-00150-JAM-AC

v.

ORDER TO SHOW CAUSE

CITY OF SACRAMENTO, et al.,

15

Defendants.

16
This matter is before the undersigned pursuant to Local Rule 302(c)(21). On July 3, 2018,

17
18

the District Judge in this case adopted in full the undersigned’s recommendation that plaintiffs’

19

complaint be dismissed with partial leave to amend. ECF No. 85. That same day, the court

20

entered a minute order informing plaintiffs that their amended complaint was due no later than

21

August 2, 2018. ECF No. 86. Plaintiffs filed an interlocutory appeal to the Ninth Circuit Court

22

of Appeals on July 25, 2018. ECF No. 88. Plaintiffs have not filed an amended complaint, and

23

the deadline to do so has now passed. Plaintiffs are hereby cautioned that the filing of their

24

interlocutory appeal with the Ninth Circuit does not stay this action.
Plaintiffs are hereby ordered to show cause why they have not filed an amended complaint

25
26

by August 20, 2018. The filing of an amended complaint will discharge this order. If plaintiffs

27

fail to file an amended complaint or show good cause by August 20, 2018, the undersigned will

28

////
1

1

recommend that the case be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); Local

2

Rule 110.

3
4

IT IS SO ORDERED.
DATED: August 6, 2018

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2