Yates v. Mangosteen et al

Filing 17

ORDER DISCHARGING ORDER TO SHOW CAUSE. Signed by Judge Richard Seeborg on 10/17/11. (cl, COURT STAFF) (Filed on 10/17/2011)

*E-Filed 10/17/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CRAIG YATES,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 10-03747 RS
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
MANGOSTEEN, and PHILIP TRI
NGUYEN, an individual d/b/a as
MANGOSTEEN,
Defendants.
____________________________________/

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On August 24, 2011, after receiving notice from the parties that the above-entitled action had

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settled, this Court entered a standby Order to Show Cause requiring the parties to appear on

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October 20, 2011, and show why the case should not be dismissed. However, on October 10, 2011,

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the parties stipulated to the fact that the defendant, WBCMT 2007-C31 Buchanan Street, Ltd., sold

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the property to AP SF 601 Larkin LLC (Dkt. No. 13), prior to the resolution of plaintiff’s plea for

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injunctive relief. Plaintiff therefore moved for leave to amend the complaint to name AP SF Larkin

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LLC, and leave was granted on October 11, 2011. The parties subsequently stipulated to dismissal

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of WBCMT 2007-C31 Buchanan Street, Ltd., under Federal Rule of Civil Procedure 41, with each

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party bearing its own costs, and the court entered an order to that effect on October 12, 2011 (Dkt.

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No. 16). By filing leave to amend to name a substituted defendant, plaintiff has discharged the

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Order to Show Cause why the action should not be dismissed.
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No. C 10-03747 RS
ORDER

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The parties are further advised that, upon filing a Second Amended Complaint naming the

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substituted landlord defendant, plaintiff must comply with General Order 56 and Civil Local Rule 7-

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11. In addition, the case will be subject to a new Scheduling Order for cases asserting denial of

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right of access under Americans with Disabilities Act Title II & III.

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IT IS SO ORDERED.

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Dated: 10/17/2011
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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No. C 10-03747 RS
ORDER