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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 BARTON SPINDLER, 10 Plaintiff, 11 For the Northern District of California United States District Court 9 No. C 10-01414 JSW v. 12 JOHNSON & JOHNSON CORP., et al., 13 ORDER TO SHOW CAUSE Defendants. / 14 15 On August 1, 2011, the Court dismissed the Second Amended Complaint (“SAC”) filed 16 by Plaintiffs Barton Spindler, Deborah Underwood, Valerie Burks, and Parvis Kaveh 17 (“Plaintiffs”). The Court provided Plaintiffs leave to amend their complaint to address the 18 defects addressed in the order dismissing their SAC, but admonished that the Court will dismiss 19 their action without prejudice if t hey did not file an amended complaint within twenty days. 20 Plaintiffs failed to file an amended complaint within this deadline, therefore, dismissal is 21 warranted. 22 The Court admonished Plaintiffs that the dismissal would be without prejudice. 23 However, the Court finds it would be appropriate to dismiss this action with prejudice. Before 24 the Court issues a dismissal with prejudice, the Court is providing Plaintiffs an opportunity to 25 be heard on this issue. Therefore, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE 26 (“OSC”) in writing by no later than October 24, 2011 why this case should not be dismissed 27 /// 28 /// 1 with prejudice. If Plaintiffs oppose this OSC and state that they believe the dismissal should be 2 without prejudice, Defendants may file a response by no later than October 31, 2011. 3 IT IS SO ORDERED. 4 5 Dated: October 12, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 6 7 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

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