Young v. North American Van Lines, Inc.

Filing 55

ORDER TO SHOW CAUSE Show Cause Response due by 8/10/2012.. Signed by Judge JEFFREY S. WHITE on 7/25/12. (jjoS, COURT STAFF) (Filed on 7/25/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 TERRA S. YOUNG, 11 For the Northern District of California United States District Court 10 12 13 No. C 12-00257 JSW Plaintiff, v. NORTH AMERICAN VAN LINES, ORDER TO SHOW CAUSE Defendant. 14 / 15 16 While Defendants’ motion to dismiss the first amended complaint has been pending, the 17 Court has twice granted Plaintiff relief to extend the deadline for her to file an opposition. 18 Instead of filing such opposition by the extended deadline, however, Plaintiff has twice moved 19 to transfer her own matter to another jurisdiction, has moved for discovery, has appealed the 20 Court’s denial to enter default judgment on appearing defendants, and has moved to amend her 21 complaint for the third time. 22 23 24 25 26 The Court HEREBY ISSUES this order to Plaintiff to SHOW CAUSE in writing by no later than August 10, 2012, why: (1) this Court should not dismiss this action and permit Plaintiff to re-file the action in another jurisdiction; or (2) in the alternative, should Plaintiff wish to remain in this jurisdiction, the Court 27 requires that Plaintiff file a proposed amended complaint and set out the bases upon which the 28 proposed amendments would cure the defects in pleading alleged in the pending motion to 1 dismiss. 2 (3) Should Plaintiff’s proposed amendments not address these defects, Plaintiff is 3 ordered to withdraw the motion to amend the complaint and instead, to file her opposition to the 4 pending motion to dismiss the first amended complaint. 5 Should such an opposition or any response to this Order to Show Cause be filed, 6 Defendants may file a response by no later than August 20, 2012 setting out their position on 7 the response. 8 9 Plaintiff is admonished that the Court is not amenable to further extensions of time and seeks to resolve the pending motion to transfer and/or motion to dismiss forthwith. Failure to comply with this order shall result in dismissal of this action as barred by the statute of 11 For the Northern District of California United States District Court 10 limitations. 12 Lastly, the hearing set for Friday, July 27, 2012 at 9:00 a.m. is HEREBY VACATED. 13 IT IS SO ORDERED. 14 15 Dated: July 25, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 TERRA S. YOUNG, Case Number: CV12-00257 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 NORTH AMERICAN VAN LINES et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 12 District Court, Northern District of California. 13 That on July 25, 2012, 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 14 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. 15 16 Terra S. Young 17 5 Santo Domingo Trail, North Corrales, NM 87048 18 Dated: July 25, 2012 19 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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