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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TERRA S. YOUNG,

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For the Northern District of California

United States District Court

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No. C 12-00257 JSW

Plaintiff,
v.
NORTH AMERICAN VAN LINES,

ORDER TO SHOW CAUSE

Defendant.

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While Defendants’ motion to dismiss the first amended complaint has been pending, the

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Court has twice granted Plaintiff relief to extend the deadline for her to file an opposition.

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Instead of filing such opposition by the extended deadline, however, Plaintiff has twice moved

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to transfer her own matter to another jurisdiction, has moved for discovery, has appealed the

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Court’s denial to enter default judgment on appearing defendants, and has moved to amend her

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complaint for the third time.

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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

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requires that Plaintiff file a proposed amended complaint and set out the bases upon which the

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proposed amendments would cure the defects in pleading alleged in the pending motion to

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dismiss.

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(3) Should Plaintiff’s proposed amendments not address these defects, Plaintiff is

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ordered to withdraw the motion to amend the complaint and instead, to file her opposition to the

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pending motion to dismiss the first amended complaint.

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Should such an opposition or any response to this Order to Show Cause be filed,

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Defendants may file a response by no later than August 20, 2012 setting out their position on

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the response.

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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

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For the Northern District of California

United States District Court

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limitations.

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Lastly, the hearing set for Friday, July 27, 2012 at 9:00 a.m. is HEREBY VACATED.

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IT IS SO ORDERED.

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Dated: July 25, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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TERRA S. YOUNG,

Case Number: CV12-00257 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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NORTH AMERICAN VAN LINES et al,
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Defendant.

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For the Northern District of California

United States District Court

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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.
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Terra S. Young
17 5 Santo Domingo Trail, North
Corrales, NM 87048
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Dated: July 25, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk