McDowell et al v. City and County of San Francisco et al

Filing 21

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND VACATING HEARING ON MOTION TO DISMISS. Signed by Judge Jeffrey S. White on 9/17/12. (jjoS, COURT STAFF) (Filed on 9/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANK AND DEBORAH MCDOWELL,

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For the Northern District of California

United States District Court

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No. C 12-03192 JSW

Plaintiffs,
v.
CITY AND COUNTY OF SAN FRANCISCO,

ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE AND VACATING
HEARING ON MOTION TO
DISMISS

Defendants.

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/
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On August 20, 2012, Defendants filed a motion to dismiss. Pursuant to Northern

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District Civil Local Rule 7-3(a), Plaintiffs’ opposition was due by no later than September 6,

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2012. Plaintiffs have not filed an opposition brief. Accordingly, Plaintiffs are HEREBY

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ORDERED TO SHOW CAUSE, in writing, by no later than October 1, 2012, why this case

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should not be dismissed for failure to prosecute. If Plaintiffs seek leave to file a belated

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opposition brief to Defendants’ motion, then by October 1, 2012, they must file and serve a

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request showing good cause for a belated filing accompanied by a proposed opposition brief. If

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the Court grants Plaintiffs leave to file an opposition brief, it shall set a deadline by which

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Defendants may reply. The hearing scheduled for October 5, 2012 is VACATED pending

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further order of the Court.

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If Plaintiffs fail to comply with this Order by October 1, 2012, the Court shall dismiss
this case for failure to prosecute without further notice to Plaintiffs.
The Court AGAIN ADVISES Plaintiffs that the Handbook for Pro Se Litigants, which

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contains helpful information about proceeding without an attorney, is available through the

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Court’s website or in the Clerk’s office. The Court also advises Plaintiffs that they also may

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wish to seek assistance from the Legal Help Center. Plaintiffs may call the Legal Help Center

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at 415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796,

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for a free appointment with an attorney who may be able to provide basic legal help, but not

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legal representation.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: September 17, 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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FRANK AND DEBORAH MCDOWELL
et al,

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CERTIFICATE OF SERVICE

Plaintiff,

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Case Number: CV12-03192 JSW

v.
CITY AND COUNTY OF SAN
FRANCISCO et al,

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For the Northern District of California

United States District Court

Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on September 17, 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
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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Deborah McDowell
Frank McDowell
2800 Bellwort Court
Antioch, CA 94531
Dated: September 17, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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