Thompson v. Donahoe

Filing 38

ORDER OF CONDITIONAL DISMISSAL. Signed by Judge Elizabeth D Laporte on 12/14/2011. (Attachments: # 1 cert serv)(kns, COURT STAFF) (Filed on 12/15/2011)

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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 OF CONDITIONAL DISMISSAL

v.
PATRICK R. DONAHOE,
Defendant.

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At the September 20, 2011 hearing on Defendant’s motion to dismiss, the Court granted

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Defendant’s motion to dismiss and ordered Plaintiff, through her attorney of record Dennis Wright,

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to file an amended complaint by no later than October 11, 2011 after conferring with opposing

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counsel. See Dkt. # 32. No amended complaint having been filed, the Court issued an Order

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Requiring Amended Complaint or to Show Cause, requiring Plaintiff to show cause why no

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amended complaint has been timely exchanged with opposing counsel and filed with the Court as

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ordered, or to file an amended complaint, by October 28, 2011.

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On November 2, 2011, Plaintiff’s counsel filed a status report describing a family emergency

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and indicating that he would provide defense counsel with a proposed amended complaint by

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November 4, 2011. Doc. no. 36. On December 13, 2011, defense counsel filed a Case Status

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Report indicating that she has not heard from Plaintiff’s counsel since November 7, 2011, and that

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Plaintiff’s counsel failed to provide Defendant with a draft of the amended complaint. Doc. no. 37.

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Defendant’s Case Status Report indicates that defense counsel emailed Plaintiff’s counsel on

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November 29, 2011, and telephoned him on December 8, 2011, regarding the amended complaint

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and seeking a stipulation to extend the mediation deadline currently set for December 19, 2011.

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Defendant indicates that it has not received a response from Plaintiff’s counsel.

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By failing to provide defense counsel with an amended complaint or timely filing an

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amended complaint, Plaintiff has failed to comply with the Court’s Order Requiring Amended

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Complaint or to Show Cause. Pursuant to the Court’s order, issued at the September 20, 2011

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hearing, dismissing the action with leave to amend, and in view of the failure by Plaintiff either to

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meet and confer with defense counsel or to file an amended complaint, this action will be dismissed

United States District Court
For the Northern District of California

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with prejudice as of January 13, 2012, unless Plaintiff files an amended complaint after

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providing a copy to defense counsel, by no later than January 13, 2012. Failure to file an

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amended complaint by January 13, 2012 will result in dismissal of this action with prejudice.

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The 90-day deadline to complete mediation previously set by the Court is hereby vacated.

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IT IS SO ORDERED.

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Dated: December 14, 2011
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ELIZABETH D. LAPORTE
United States Magistrate Judge

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