Conwright v. City Of Oakland et al

Filing 25

ORDER TO SHOW CAUSE as to why case should not be dismissed and sanctions should not be imposed. Show Cause Responses due by 08/06/10. The 08/16/10 motion hearing is VACATED. Signed by Judge Thelton E. Henderson on 07/27/10. (tehlc3, COURT STAFF) (Filed on 7/27/2010)

Conwright v. City Of Oakland et al

Doc. 25

1 2 3 4 5 6 7 8 9 10 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JOANNE CONWRIGHT, Plaintiff,

NO. C09-2572 TEH ORDER TO SHOW CAUSE AS TO WHY CASE SHOULD NOT BE DISMISSED AND SANCTIONS SHOULD NOT BE IMPOSED

CITY OF OAKLAND, et al., Defendants.

United States District Court

11
For the Northern District of California

Plaintiff has now twice failed to file an opposition or statement of non-opposition to

12 Defendants' pending motion to dismiss. First, Plaintiff missed the original June 28, 2010 13 opposition filing deadline. Second, after this Court granted the parties' stipulation to 14 continue the briefing and hearing schedule, Plaintiff missed the revised July 26, 2010 15 opposition filing deadline. In addition, Plaintiff has not filed any written response to the 16 Court's June 30, 2010 order to show cause as to why sanctions should not be imposed for 17 missing the June 28, 2010 deadline. Nor has the Court received any requests for further 18 extensions of time. 19 20 Accordingly, with good cause appearing, IT IS HEREBY ORDERED that: 1. Plaintiff shall show cause as to why this case should not be dismissed for failure to

21 prosecute. A written response to this order to show cause shall be filed on or before 22 August 6, 2010. Failure to file a timely response shall result in dismissal of this case for 23 failure to prosecute under Federal Rule of Civil Procedure 41(b). 24 2. Plaintiff's counsel shall show cause as to why she should not be sanctioned for her

25 repeated failure to comply with the orders and local rules of this Court. On or before 26 August 6, 2010, Plaintiff's counsel shall file a written response to this second order to show 27 cause. This order to show cause shall remain pending, and Plaintiff's counsel shall file a 28 written response, even if this case is dismissed. If the Court finds sanctions to be warranted

Dockets.Justia.com

1 following review of Plaintiff's counsel's response, it will issue an order setting a show cause 2 hearing date. 3 IT IS FURTHER ORDERED that the August 16, 2010 hearing on Defendants' motion

4 to dismiss is VACATED. The Court will set a revised briefing and hearing schedule, if 5 necessary, after resolving whether this case should be dismissed for failure to prosecute. 6 7 IT IS SO ORDERED. 8 9 Dated: 07/27/10 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

11
For the Northern District of California

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