Thompson v. Donahoe

Filing 35

ORDER REQUIRING AMENDED COMPLAINT OR TO SHOW CAUSE. Signed by Magistrate Judge Elizabeth D. Laporte on 10/21/2011. (edllc1, COURT STAFF) (Filed on 10/21/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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TRACEY THOMPSON,
Plaintiff,

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No. C -11-01670(EDL)
ORDER REQUIRING AMENDED
COMPLAINT OR TO SHOW CAUSE

v.
PATRICK R. DONAHOE,
Defendant.

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During a hearing on September 20, 2011, this Court granted Defendant’s motion to dismiss

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and ordered Plaintiff, through her attorney of record Dennis Wright, to file an amended complaint by

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no later than October 11, 2011 after conferring with opposing counsel. See Dkt. # 32. No amended

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complaint has been timely filed, and Defendants inform the Court that they have been unable to

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reach Plaintiff’s counsel regarding the amended complaint. See Dkt. # 34. Plaintiff also verbally

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notified the Court that she has been unable to reach her attorney, and she was encouraged to contact

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the Court’s pro se help desk to see if the help desk could provide any assistance.

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Pursuant to Local Rule 11-4, Plaintiff’s counsel has an obligation to “[d]ischarge his or her

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obligations to his or her client and the Court.” By failing to comply with the Court’s Order to file an

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amended complaint, and by apparently failing to communicate with his client or opposing counsel,

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Plaintiff’s counsel appears to be in violation of this rule and could be subject to discipline such as

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sanctions under Local Rule 11-6. Plaintiff’s counsel is hereby ordered to show cause by no later
than October 28, 2011 why no amended complaint has been timely exchanged with opposing

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counsel and filed with the Court as Ordered, or to file an amended complaint after conferring with

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his client and opposing counsel.

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IT IS SO ORDERED.

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Dated: October 21, 2011
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ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
For the Northern District of California

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