Spindler et al v. Johnson & Johnson Corp. et al

Filing 89

ORDER TO SHOW CAUSE Show Cause Response due by 10/24/2011.. Signed by Judge JEFFREY S. WHITE on 10/12/11. (jjoS, COURT STAFF) (Filed on 10/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BARTON SPINDLER,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 10-01414 JSW

v.

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JOHNSON & JOHNSON CORP., et al.,

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ORDER TO SHOW CAUSE

Defendants.
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On August 1, 2011, the Court dismissed the Second Amended Complaint (“SAC”) filed

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by Plaintiffs Barton Spindler, Deborah Underwood, Valerie Burks, and Parvis Kaveh

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(“Plaintiffs”). The Court provided Plaintiffs leave to amend their complaint to address the

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defects addressed in the order dismissing their SAC, but admonished that the Court will dismiss

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their action without prejudice if t hey did not file an amended complaint within twenty days.

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Plaintiffs failed to file an amended complaint within this deadline, therefore, dismissal is

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warranted.

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The Court admonished Plaintiffs that the dismissal would be without prejudice.

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However, the Court finds it would be appropriate to dismiss this action with prejudice. Before

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the Court issues a dismissal with prejudice, the Court is providing Plaintiffs an opportunity to

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be heard on this issue. Therefore, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE

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(“OSC”) in writing by no later than October 24, 2011 why this case should not be dismissed

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with prejudice. If Plaintiffs oppose this OSC and state that they believe the dismissal should be

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without prejudice, Defendants may file a response by no later than October 31, 2011.

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IT IS SO ORDERED.

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Dated: October 12, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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