Minter et al v. City of San Pablo et al

Filing 21

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. Signed by Magistrate Judge Jacqueline Scott Corley on 10/3/2012. (ahm, COURT STAFF) (Filed on 10/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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RHONDA MINTER, GUARDIAN AD
LITEM, et al.,
Plaintiffs,

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Case No.: C12-2905 JSC
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED

v.
CITY OF SAN PABLO, et al.,
Defendants.
Plaintiffs filed this wrongful death action in Contra Costa Superior Court, which

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Defendants removed to federal court pursuant to 28 U.S.C. §§ 1331 and 1441. (Dkt. No. 1.)

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Defendants filed a motion to dismiss on September 7, 2012. (Dkt. No. 14.) The motion is

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scheduled for a hearing before the Court on October 25, 2012. Under Local Rule 7-3(a)-(b),

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a party must file either an opposition or a statement of non-opposition to a motion to

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dismiss “not more than 14 days after the motion is served and filed.” At this time, Plaintiffs

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have not filed either with the Court and have not otherwise communicated with the Court.

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Accordingly, Plaintiffs shall file such a response to the motion on or before October

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9, 2012. If Plaintiffs file an opposition by that date, Defendants shall file their reply, if any,

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on or before October 17, 2012. Plaintiffs are warned that their failure to file a response as

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this Order requires may lead to dismissal of this action pursuant to Federal Rule of Civil

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Procedure 41 for failure to prosecute.

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IT IS SO ORDERED.
Dated: October 3, 2012

_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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