Parker v. State Compensation Insurance Fund

Filing 9

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 12/20/2011 09:30 AM. Show Cause Response due by 12/9/2011. Signed by Judge Elizabeth D Laporte on 11/29/2011. (Attachments: # 1 cert serv)(kns, COURT STAFF) (Filed on 11/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARY E. PARKER,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -11-04005 EDL
ORDER TO SHOW CAUSE

v.
STATE COMPENSATION INSURANCE
FUND,

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Defendant.
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By court order filed on August 15, 2011, this case was set for an initial Case Management
Conference on November 29, 2011 at 10:00 a.m., with a Case Management Conference statement
due on November 22, 2011. Plaintiff, who is representing herself, filed letters on August 30, 2011
and October 17, 2011 informing the Court that she was resolving this matter with Defendant and
would dismiss her case when the agreement was finalized. Plaintiff did not ask for a continuance of
the Case Management Conference. After a call from the Court after her Case Management
Conference statement was not timely filed, Plaintiff filed a Case Management Conference statement
on November 23, 2011. Plaintiff filed a request to continue the Case Management Conference on
November 28, 2011, the afternoon before the scheduled Case Management Conference, even though
the Local Rules require that any request to continue a scheduled hearing be filed no later than
fourteen days before the hearing. See Civil L.R. 6-1(b). On November 29, 2011, the Court denied
Plaintiff’s request to continue. Plaintiff did not appear on November 29, 2011 for the Case
Management Conference. Further, there has been no showing that Plaintiff has served Defendant
with the summons and complaint in this case in accordance with Federal Rule of Civil Procedure 4.
Accordingly, Plaintiff is ordered to show cause as to why this case should not be dismissed
without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

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Plaintiff's written response to this Order to Show Cause shall be due no later than December 9, 2011.

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A show cause hearing is scheduled for December 20, 2011 at 9:30 a.m. in Courtroom E, 15th floor,

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450 Golden Gate Avenue, San Francisco, CA. It is further ordered that if Plaintiff fails to file a

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response to this Order to Show Cause by December 9, 2011, the Court will dismiss this action

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without prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: November 29, 2011
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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