Haynes v. Hanson et al

Filing 65

ORDER TO SHOW CAUSE WHY PLAINTIFF'S CLAIMS AGAINST DEFENDANT COUGHLIN SHOULD NOT BE DISMISSED WITH PREJUDICE PURSUANT TO RULE 41(B), AND RE-SCHEDULING MOTION HEARING AND CASE MANAGEMENT CONFERENCE, as to 58 MOTION to Dismiss First Amen ded Complaint; MOTION to Strike Portions of First Amended Complaint. Show Cause Response due by 7/1/2013. Reply due 7/8/2013 Order to Show Cause Hearing set for 7/18/2013 at 2:00 PM. Initial Case Management Conference set for 7/18/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Motion Hearing set for 7/18/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on June 21, 2013. (wsn, COURT STAFF) (Filed on 6/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GREGORY M. HAYNES,

Case No. 11-cv-05021-JST

Plaintiff,
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v.
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CHRISTIAN HANSON, et al.,
Defendants.

United States District Court
Northern District of California

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ORDER TO SHOW CAUSE WHY
PLAINTIFF’S CLAIMS AGAINST
DEFENDANT COUGHLIN SHOULD
NOT BE DISMISSED WITH
PREJUDICE PURSUANT TO RULE
41(B), AND RE-SCHEDULING MOTION
HEARING AND CASE MANAGEMENT
CONFERENCE

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Defendants in this case have filed a motion to dismiss, and to strike portions of, Plaintiff’s

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First Amended Complaint. ECF No. 58. In that motion, Defendants move to dismiss Plaintiff’s

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claims against Defendant Coughlin with prejudice for failure to serve.

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The Court hereby issues an ORDER TO SHOW CAUSE why Plaintiff’s claims against

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Defendant Coughlin should not be dismissed with prejudice pursuant to Rule 41(b) of the Federal

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Rules of Civil Procedure for failure to prosecute and for failure to follow the Court’s orders to

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serve all defendants. See Order Continuing Compliance Date, ECF No. 24, at 1:20-24; Order

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Granting Motions to Dismiss, ECF No. 55, at 14:5-8.

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Plaintiff may file a brief of not more than five pages by July 1 showing cause why his

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claims against Defendant Coughlin should not be dismissed with prejudice. Defendants may file a

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response of not more than five pages, by July 8. There will be no reply.

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The hearing on the order to show cause will be held concurrently with the hearing on
Defendant’s motion to dismiss and motion to strike, which the Court hereby RE-NOTICES for

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July 18, 2013, at 2:00 P.M., in Courtroom 9, 450 Golden Gate Avenue, 19th Floor, San Francisco,

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California.

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Although the Court anticipates that it will be unnecessary to set dates in this case until the

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pleadings are settled, the Court also CONTINUES the case management conference currently

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scheduled for July 10 to also occur on July 18. If there are any case management issues the parties

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need to discuss with the Court, they should raise them in the case management statement that is

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United States District Court
Northern District of California

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now due July 8.
IT IS SO ORDERED.
Dated: June 21, 2013
______________________________________
JON S. TIGAR
United States District Judge

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