Johnson v. Ahern

Filing 25

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND VACATING NOVEMBER 30, 2012 HEARING DATE (Illston, Susan) (Filed on 11/15/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 12-2383 SI

THELMA JOHNSON-SLAUGHTER,

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND
VACATING NOVEMBER 30, 2012
HEARING DATE

Plaintiff,
v.
GREGORY J. AHERN, et al.,
Defendants.

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On August 20, 2012, this Court ordered plaintiff Thelma Johnson-Slaughter to show cause why

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the case should not be dismissed for failure to prosecute because Johnson-Slaughter failed to file a

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timely opposition to defendant Ahern’s motion to dismiss. Johnson-Slaughter responded to the Court,

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explaining that she wished to prosecute the case and had recently obtained an out of state lawyer. She

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also asked for a continuance, which the Court granted, setting a new briefing schedule for the motion

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to dismiss. The hearing was set for November 30, 2012, and plaintiff’s opposition was due November

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2, 2012. Plaintiff did not file an opposition or communicate in any other way with the Court. No

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attorney has made an appearance on behalf of plaintiff.

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Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing no later than November

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30, 2012, why this case should not be dismissed without prejudice for failure to prosecute. See Fed.

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R. Civ. Proc. 41(b). The November 30, 2012 hearing date is VACATED.

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IT IS SO ORDERED.

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Dated: November 15, 2012
SUSAN ILLSTON
United States District Judge