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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Jamie Fox,
Plaintiff,

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United States District Court
For the Northern District of California

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No. CV 11-04820 EDL
ORDER TO SHOW CAUSE

v.

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Eric K. Shinseki, Secretary of the Department of

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Veterans Affairs, Agency,

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Defendant.

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On September 29, 2011, pro se Plaintiff Jamie Fox, a Veterans Services Representative

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(“VSR”) previously employed by the Veterans Benefits Administration (“VBA”), commenced this

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action pursuant to Title VII of the Civil Rights Act of 1964 against Defendant Eric K. Shinseki,

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Secretary of the Department of Veterans Affairs, Agency, based on “[r]etaliation for prior EEO

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activity (participation)” in relation to the termination of her employment. Plaintiff filed a motion for

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appointment of counsel, which the Court denied without prejudice by Order entered December 9,

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2011. The Court also referred Plaintiff to the Pro Se Help Desk.

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The Court entered a scheduling order on September 29, 2011, setting an initial case

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management conference on January 10, 2012 at 10:00 a.m. and requiring the parties to file a case

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management statement by January 3, 2012. Plaintiff did not file a case management statement.

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Plaintiff also failed to appear on January 10, 2012 for the case management conference. The Court

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also takes note that there is no indication that Plaintiff has served Defendant with the summons and

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complaint. If Plaintiff fails to serve Defendant within 120 days of filing the complaint, i.e., January

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27, 2012, the action must be dismissed without prejudice unless Plaintiff files a motion to extend

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time for service upon a showing of good cause. Federal Rule of Civil Procedure 4(m).

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Plaintiff is hereby ordered to show cause why this case should not be dismissed without

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prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff’s

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written response to this Order to Show Cause shall be due no later than January 31, 2012. A show

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cause hearing is scheduled for February 7, 2012 at 9:30 a.m. in Courtroom E, 15th floor, 450 Golden

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

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Order to Show Cause by January 31, 2012, the Court will dismiss this action without prejudice for

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failure to prosecute.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: January 10, 2012

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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