Moorehead v. Safeway

Filing 85

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. Order to Show Cause Hearing set for 6/2/2011 01:30 PM. Signed by Judge Richard Seeborg on 5/6/11. (cl, COURT STAFF) (Filed on 5/6/2011)

**E-filed 5/6/11**

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

11
For the Northern District of California

United States District Court

10

12
13

KEN MOOREHEAD,
Plaintiff,
v.

14
15

ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE
DISMISSED

SAFEWAY,

16

No. C 09-2182 RS

Defendant.
____________________________________/

17
18
19

Plaintiff Ken Moorehead has failed to respond to (1) written discovery propounded by

20

defendant, (2) the Court’s order compelling responses to that discovery, and (3) defendant’s motion

21

for sanctions based on those failures. Moorehead also failed to appear at the hearing on the motion

22

for sanctions. Accordingly, Moorehead is hereby ordered to appear and show cause, if any he has,

23

why this action should not be dismissed, on Thursday, June 2, 2011, at 1:30 p.m., in Courtroom 3,

24

of the Court, located at 450 Golden Gate Avenue, 17th Floor, San Francisco, CA.

25

Although defendant’s motion for sanctions will be administratively terminated pending

26

further order, Moorehead is advised that the Court retains not only the option to dismiss this action

27

entirely based on his failure to participate in the litigation and to comply with court orders, but

28

1

alternatively to impose sanctions against him, including monetary sanctions and orders that limit his

2

claims and/or the evidence he is entitled to present at trial in support of those claims.

3
4
5

IT IS SO ORDERED.

6

Dated: 5/6/11

7

RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

1
2
3

THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:
Ken Moorehead
34 Turk Street, #351
San Francisco, CA 94102

4
5
6
7

DATED: 5/6/11
/s/ Chambers Staff
Chambers of Judge Richard Seeborg

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3