Harden v. City of Clayton et al

Filing 34

ORDER DISCHARGING THIRD OSC; ORDER FOR PARTIES TO MEET AND CONFER RE AMENDED COMPLAINT. Signed by Judge Maria-Elena James on 6/16/2011. (cdnS, COURT STAFF) (Filed on 6/16/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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FRED DOYLE HARDEN,

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Plaintiff,
v.

No. C 10-04155 MEJ
ORDER DISCHARGING THIRD
ORDER TO SHOW CAUSE

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CITY OF CLAYTON, et al.,

ORDER RE: MOTION TO DISMISS

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
_____________________________________/

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On June 14, 2011, the Court issued a third order to show cause against Plaintiff Fred Doyle

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Harden as to why this case should not be dismissed for failure to prosecute and failure to comply

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with court deadlines. Having received Plaintiff’s counsel’s declaration in response, the Court hereby

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DISCHARGES the order to show cause. However, Plaintiff should be mindful that any future

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failure to comply with deadlines established in this case will likely result in the imposition of

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sanctions, including reimbursement of any expenses incurred by Defendants as a result of said

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failure.

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As to the pending motion to dismiss, it appears that the parties might stipulate to permit an

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amendment to Plaintiff’s complaint which would render the motion to dismiss moot; however, a

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stipulation appears dependent upon whether the parties are able to reach an agreement regarding

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production of certain Contra Costa Superior Court records. Accordingly, the Court hereby

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ORDERS the parties to meet and confer regarding the filing of an amendment complaint and

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production of the state court records. If able to reach an agreement, the parties shall file a stipulation

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and proposed order by June 30, 2011. If unable to reach an agreement, the parties shall notify the

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Court in writing by June 30, 2011 that they wish to obtain a ruling on the motion. The parties

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should note that the Court is inclined to grant leave to amend, and any meet-and-confer efforts must

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be made in good faith.

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IT IS SO ORDERED.

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Dated: June 16, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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