Villalobos v. Vilsack

Filing 59

ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 9/19/2013 10:00 AM. Show Cause Response due by 9/5/2013.. Signed by Judge Maria-Elena James on 8/16/2013. (cdnS, COURT STAFF) (Filed on 8/16/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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MICHAEL A. VILLALOBOS,

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Plaintiff,

No. C 12-138 MEJ
ORDER TO SHOW CAUSE

v.
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TOM J. VILSACK,
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Defendant.
_____________________________________/
This matter is currently scheduled for a Case Management Conference on August 22, 2013.

Defendant’s counsel states that she has been unable to contact Plaintiff Michael Villalobos. Dkt.

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For the Northern District of California

However, on August 15, Defendant Tom Vilsack filed a Case Management Statement, in which

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UNITED STATES DISTRICT COURT

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No. 58. Plaintiff has not filed any statement of his own and, on July 3, 2013, the Court granted his

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counsel’s motion to withdraw as counsel of record. Dkt. No. 56. In their Motion, counsel stated that

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Plaintiff breached an agreement as to the payment of fees and costs and had made it unreasonably

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difficult for counsel to carry out their employment effectively. Dkt. No. 55. Plaintiff filed no

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response to the Motion and he has made no appearance in this matter since the Court granted

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counsel’s Motion. Accordingly, the Court hereby VACATES the August 22 Case Management

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Conference and ORDERS Plaintiff Michael Villalobos to show cause why this case should not be

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dismissed for failure to prosecute and failure to comply with court deadlines. Plaintiff shall file a

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declaration by September 5, 2013. If a responsive declaration is filed, the Court shall either issue an

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order based on the declaration or conduct a hearing on September 19, 2013 at 10:00 a.m. in

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Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Notice is hereby

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provided to Plaintiff that the Court may dismiss the case without a hearing if no responsive

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declaration is filed. Thus, it is imperative that Plaintiff file a written response by the deadline above.

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IT IS SO ORDERED.

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Dated: August 16, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL A. VILLALOBOS,

No. C 12-00138 MEJ

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Plaintiff(s),
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CERTIFICATE OF SERVICE

v.
TOM J. VILSACK,
Defendant(s).
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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That on August 16, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Michael A. Villalobos
2885 South Bradley Road
Santa Maria, CA 93455

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Dated: August 16, 2013
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Richard W. Wieking, Clerk
By: Rose Maher, Deputy Clerk

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