Velasquez v. Donahue et al

Filing 27

ORDER TO SHOW CAUSE Show Cause Response due by 9/9/2011.. Signed by Judge JEFFREY S. WHITE on 8/29/11. (jjoS, COURT STAFF) (Filed on 8/29/2011)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 RODOLFO VELASQUEZ, 11 For the Northern District of California United States District Court 10 12 13 14 No. C 11-03444 JSW Plaintiff, v. ORDER TO SHOW CAUSE PATRICK R. DONAHUE, et al., Defendants. / 15 16 17 This matter is set for a hearing on November 4, 2011 on the motion to dismiss filed by 18 defendant Patrick R. Donahoe, Maria Culloty and United States Postal Service (“Defendants”). 19 Pursuant to Local Civil Rule of the Northern District 7-3, an opposition or statement of non- 20 opposition to this motion was due to be filed and served by August 8, 2011. To date, Plaintiff 21 have not filed an opposition or statement of non-opposition. 22 Plaintiff is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by 23 September 9, 2011, why the pending motion to dismiss should not be granted in light of his 24 failure to file a timely opposition or statement of non-opposition. If Plaintiff seeks to file a 25 substantive response to Defendants’ motion, Plaintiff must demonstrate good cause for failing 26 to file his opposition brief in a timely fashion. In his response to this OSC, Plaintiff is also 27 directed to show cause why this case should not be dismissed for failure to prosecute. Plaintiff 28 is admonished that his failure to respond this Order by September 9, 2011, will result in a dismissal of this action. 1 If Plaintiff seeks to file a substantive response to Defendants’ motion and demonstrates 2 good cause for his delay, the Court will provide Defendants an opportunity to file a reply brief. 3 The Court FURTHER ORDERS that the case management conference is HEREBY VACATED 4 and will be reset if necessary. 5 IT IS SO ORDERED. 6 7 Dated: August 29, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 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 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 RODOLFO VELASQUEZ, Case Number: CV11-03444 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 PATRICK R. DONAHUE et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 12 District Court, Northern District of California. 13 That on August 29, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter 14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 Rodolfo Velasquez 58 Lobos Street 17 San Francisco, CA 94112 18 Dated: August 29, 2011 19 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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