Abea v. Alcatraz Cruises

Filing 30

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 5/7/2013 09:00 AM. Show Cause Response due by 4/22/2013.. Signed by Judge Elizabeth D. Laporte on April 8, 2013. (edllc2, COURT STAFF) (Filed on 4/8/2013) (Additional attachment(s) added on 4/8/2013: # 1 Certificate/Proof of Service) (lmh, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LUIS A. ABEA,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-00317 EDL
ORDER TO SHOW CAUSE

v.
ALCATRAZ CRUISES,
Defendant.

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In this employment discrimination case, Plaintiff, who is representing himself, filed a form

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complaint alleging that Defendant unlawfully terminated him. On May 17, 2012, Defendant filed a

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motion to dismiss, alleging that Plaintiff has failed to state a prima facie case for employment

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discrimination. On June 26, 2012, the Court issued an order granting Defendant’s motion to dismiss

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with leave to amend. In that Order, the Court stated that: “If Plaintiff fails to file an amended

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complaint by July 20, 2012, or otherwise fails to prosecute this case, the Court will dismiss this case

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with prejudice.” See June 26, 2012 Order at 3. On July 20, 2012, the Court approved the parties’

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stipulation to extend time to August 17, 2012 for Plaintiff to file an amended complaint to allow the

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parties to finalize their settlement agreement. See Docket No. 29.

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Plaintiff has failed to file an amended complaint as ordered by the Court. Defendant’s

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counsel has reported to the Court that she attempted to contact Plaintiff to execute the settlement

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agreement, but he has not responded to her. Accordingly, Plaintiff is hereby ordered to show cause

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why this case should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil

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Procedure 41(b). Plaintiff's written response to this Order to Show Cause shall be filed no later than

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April 22, 2013. A show cause hearing is scheduled for May 7, 2013 at 9:00 a.m. in Courtroom E,
15th floor, 450 Golden Gate Avenue, San Francisco, CA. It is further ordered that if Plaintiff fails to

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file a response to this Order to Show Cause by April 22, 2013, the Court will dismiss this case with

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prejudice.

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IT IS SO ORDERED.
Dated: April 8, 2013
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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