Fox v. Shinseki

Filing 9

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 2/7/2012 at 9:30 AM. & Show Cause Response due by 1/31/2012. Signed by Magistrate Judge Elizabeth D. Laporte on 1/10/2012. (Attachments: # 1 cert serv)(kns, COURT STAFF) (Filed on 1/11/2012)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 Jamie Fox, Plaintiff, 9 United States District Court For the Northern District of California 10 No. CV 11-04820 EDL ORDER TO SHOW CAUSE v. 11 Eric K. Shinseki, Secretary of the Department of 12 Veterans Affairs, Agency, 13 Defendant. / 14 15 16 On September 29, 2011, pro se Plaintiff Jamie Fox, a Veterans Services Representative 17 (“VSR”) previously employed by the Veterans Benefits Administration (“VBA”), commenced this 18 action pursuant to Title VII of the Civil Rights Act of 1964 against Defendant Eric K. Shinseki, 19 Secretary of the Department of Veterans Affairs, Agency, based on “[r]etaliation for prior EEO 20 activity (participation)” in relation to the termination of her employment. Plaintiff filed a motion for 21 appointment of counsel, which the Court denied without prejudice by Order entered December 9, 22 2011. The Court also referred Plaintiff to the Pro Se Help Desk. 23 The Court entered a scheduling order on September 29, 2011, setting an initial case 24 management conference on January 10, 2012 at 10:00 a.m. and requiring the parties to file a case 25 management statement by January 3, 2012. Plaintiff did not file a case management statement. 26 Plaintiff also failed to appear on January 10, 2012 for the case management conference. The Court 27 also takes note that there is no indication that Plaintiff has served Defendant with the summons and 28 complaint. If Plaintiff fails to serve Defendant within 120 days of filing the complaint, i.e., January 1 27, 2012, the action must be dismissed without prejudice unless Plaintiff files a motion to extend 2 time for service upon a showing of good cause. Federal Rule of Civil Procedure 4(m). 3 Plaintiff is hereby ordered to show cause why this case should not be dismissed without 4 prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff’s 5 written response to this Order to Show Cause shall be due no later than January 31, 2012. A show 6 cause hearing is scheduled for February 7, 2012 at 9:30 a.m. in Courtroom E, 15th floor, 450 Golden 7 Gate Avenue, San Francisco, CA. It is further ordered that if Plaintiff fails to file a response to this 8 Order to Show Cause by January 31, 2012, the Court will dismiss this action without prejudice for 9 failure to prosecute. United States District Court For the Northern District of California 10 IT IS SO ORDERED. 11 12 Dated: January 10, 2012 13 ELIZABETH D. LAPORTE United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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