Porter v. City of Santa Rosa et al

Filing 45

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 12/11/2012 09:00 AM. Show Cause Response due by 12/3/2012. Signed by Judge Elizabeth D Laporte on 11/14/2012. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 11/14/2012)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 PORTER, Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 No. C -11-04886 EDL ORDER TO SHOW CAUSE v. CITY OF SANTA ROSA, et al., Defendants. / 13 14 Plaintiff brought this action pursuant to 42 U.S.C. § 1983, alleging that Defendant City of 15 Santa Rosa police officers Delzell, Fajardin and Litchfield violated Plaintiff’s civil rights by 16 arresting him on March 25, 2011 without probable cause for allegedly violating a domestic violence 17 restraining order by obtaining his estranged wife’s cell phone records. On July 2, 2012, the Court 18 granted in part and denied in part Defendant’s motion for summary judgment, allowing at most 19 Plaintiffs’ claim pursuant to Monell v. Department of Social Servs., 436 U.S. 658, 690–91, 98 S.Ct. 20 2018, 56 L.Ed.2d 611 (1978) to proceed, and ordered Plaintiff to inform the Court no later than July 21 16, 2012 whether he intended to pursue that claim. Plaintiff did not make that filing as required by 22 the Court’s order. 23 On September 10, 2012, the Court set a Case Management Conference for September 25, 24 2012. On September 11, 2012, Plaintiff’s counsel filed a motion to withdraw, which was set for 25 hearing on October 16, 2012. On October 12, 2012, the Court granted the motion to withdraw and 26 continued the Case Management Conference to November 13, 2012. Plaintiff failed to appear at the 27 Case Management Conference, and has not otherwise communicated with the Court about his case. 28 Defendant duly appeared and stated that Plaintiff had not contacted Defendant either. Accordingly, Plaintiff is hereby ordered to show cause why this case should not be dismissed 1 for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff's written 2 response to this Order to Show Cause shall be filed no later than December 3, 2012. A show cause 3 hearing is scheduled for December 11, 2012 at 9:00 a.m. in Courtroom E, 15th floor, 450 Golden 4 Gate Avenue, San Francisco, CA. It is further ordered that if Plaintiff fails to file a response to this 5 Order to Show Cause by December 3, 2012, the Court will dismiss this action with prejudice. 6 7 IT IS SO ORDERED. Dated: November 14, 2012 ELIZABETH D. LAPORTE United States Magistrate Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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