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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PORTER,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -11-04886 EDL
ORDER TO SHOW CAUSE

v.
CITY OF SANTA ROSA, et al.,
Defendants.

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Plaintiff brought this action pursuant to 42 U.S.C. § 1983, alleging that Defendant City of

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Santa Rosa police officers Delzell, Fajardin and Litchfield violated Plaintiff’s civil rights by

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arresting him on March 25, 2011 without probable cause for allegedly violating a domestic violence

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restraining order by obtaining his estranged wife’s cell phone records. On July 2, 2012, the Court

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granted in part and denied in part Defendant’s motion for summary judgment, allowing at most

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Plaintiffs’ claim pursuant to Monell v. Department of Social Servs., 436 U.S. 658, 690–91, 98 S.Ct.

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2018, 56 L.Ed.2d 611 (1978) to proceed, and ordered Plaintiff to inform the Court no later than July

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16, 2012 whether he intended to pursue that claim. Plaintiff did not make that filing as required by

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the Court’s order.

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On September 10, 2012, the Court set a Case Management Conference for September 25,

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2012. On September 11, 2012, Plaintiff’s counsel filed a motion to withdraw, which was set for

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hearing on October 16, 2012. On October 12, 2012, the Court granted the motion to withdraw and

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continued the Case Management Conference to November 13, 2012. Plaintiff failed to appear at the

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Case Management Conference, and has not otherwise communicated with the Court about his case.

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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

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

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response to this Order to Show Cause shall be filed no later than December 3, 2012. A show cause

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hearing is scheduled for December 11, 2012 at 9:00 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 December 3, 2012, the Court will dismiss this action with prejudice.

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IT IS SO ORDERED.
Dated: November 14, 2012
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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