Bertone v. City & County of San Francisco et al

Filing 34

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/23/2012 10:00 AM. Show Cause Response due by 2/16/2012.. Signed by Judge Maria-Elena James on 2/7/2012. (cdnS, COURT STAFF) (Filed on 2/7/2012) (Additional attachment(s) added on 2/7/2012: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 DONALD BERTONE, Plaintiff, 8 No. C-08-1003 MEJ v. ORDER TO SHOW CAUSE 9 11 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 CITY & COUNTY OF SAN FRANCISCO, et al., 13 Before the Court is Defendant City & County of San Francisco’s motion to either (1) dismiss 14 Plaintiff Donald Bertone’s case, or (2) compel Plaintiff’s deposition. Pursuant to Federal Rule of 15 Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds this matter suitable for 16 disposition without a hearing and hereby VACATES the March 15, 2012 hearing date. Plaintiff is 17 hereby ORDERED to show cause why this case should not be dismissed for failure to prosecute and 18 failure to comply with court deadlines. Plaintiff shall file a declaration by February 16, 2012, and 19 the Court shall conduct a hearing on February 23, 2012 at 10:00 a.m. in Courtroom B, 15th Floor, 20 450 Golden Gate Avenue, San Francisco, California. In the alternative, Plaintiff shall make himself 21 available for deposition by February 15, 2012, and the parties shall thereafter inform the Court by 22 joint statement that the order to show cause hearing should be vacated. The Court shall defer ruling 23 on Defendant’s motion to dismiss pending Plaintiff’s actions in response to this Order. 24 IT IS SO ORDERED. 25 26 27 28 Dated: February 7, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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