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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 LUIS A. ABEA, Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 No. C -12-00317 EDL ORDER TO SHOW CAUSE v. ALCATRAZ CRUISES, Defendant. / 13 14 In this employment discrimination case, Plaintiff, who is representing himself, filed a form 15 complaint alleging that Defendant unlawfully terminated him. On May 17, 2012, Defendant filed a 16 motion to dismiss, alleging that Plaintiff has failed to state a prima facie case for employment 17 discrimination. On June 26, 2012, the Court issued an order granting Defendant’s motion to dismiss 18 with leave to amend. In that Order, the Court stated that: “If Plaintiff fails to file an amended 19 complaint by July 20, 2012, or otherwise fails to prosecute this case, the Court will dismiss this case 20 with prejudice.” See June 26, 2012 Order at 3. On July 20, 2012, the Court approved the parties’ 21 stipulation to extend time to August 17, 2012 for Plaintiff to file an amended complaint to allow the 22 parties to finalize their settlement agreement. See Docket No. 29. 23 Plaintiff has failed to file an amended complaint as ordered by the Court. Defendant’s 24 counsel has reported to the Court that she attempted to contact Plaintiff to execute the settlement 25 agreement, but he has not responded to her. Accordingly, Plaintiff is hereby ordered to show cause 26 why this case should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil 27 Procedure 41(b). Plaintiff's written response to this Order to Show Cause shall be filed no later than 28 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 1 file a response to this Order to Show Cause by April 22, 2013, the Court will dismiss this case with 2 prejudice. 3 4 IT IS SO ORDERED. Dated: April 8, 2013 ELIZABETH D. LAPORTE United States Magistrate Judge 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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