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

Filing 25

ORDER DISCHARGING ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND SETTING DEADLINE FOR REPLY BRIEF ON MOTION TO DISMISS. Signed by Judge JEFFREY S. WHITE on 10/1/12. (jjoS, COURT STAFF) (Filed on 10/1/2012)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

FRANK AND DEBORAH MCDOWELL,

11
For the Northern District of California

United States District Court

10

12

No. C 12-03192 JSW

Plaintiffs,
v.
CITY AND COUNTY OF SAN FRANCISCO,

13

Defendants.

ORDER DISCHARGING ORDER
TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE
AND SETTING DEADLINE FOR
REPLY BRIEF ON MOTION TO
DISMISS

14
/
15
16

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

17

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

18

2012. On September 17, 2012, the Court issued an Order to Show Cause, directing Plaintiffs to

19

show cause why the case should not be dismissed for lack of prosecution.

20

On September 25, 2012, Plaintiffs filed their response to the Order to Show Cause, in

21

which they state they believed their opposition to the motion was due on October 5, 2012, the

22

date the motion was scheduled to be heard. Plaintiffs have requested that they be permitted to

23

file their opposition brief late and have submitted their proposed opposition.
The Court shall grant Plaintiffs’ request for leave to file a belated opposition brief, and it

24
25

DISCHARGES the Order to Show Cause without imposing sanctions. The Court AGAIN

26

ADVISES Plaintiffs that the Handbook for Pro Se Litigants, which contains helpful information

27

about proceeding without an attorney, is available through the Court’s website or in the Clerk’s

28

office.

1

The Court also advises Plaintiffs that they also may wish to seek assistance from the

2

Legal Help Center. Plaintiffs may call the Legal Help Center at 415-782-9000, extension 8657,

3

or sign up on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an

4

attorney who may be able to provide basic legal help, but not legal representation.

5
6
7

Defendant shall file a reply brief by October 12, 2012. The Court shall resolve the
motion on the papers.
IT IS SO ORDERED.

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: October 1, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

FRANK AND DEBORAH MCDOWELL
et al,

9

CERTIFICATE OF SERVICE

Plaintiff,

7
8

Case Number: CV12-03192 JSW

v.
CITY AND COUNTY OF SAN
FRANCISCO et al,

10

For the Northern District of California

United States District Court

Defendant.
11
12
13
14
15

/

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 October 1, 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.

16
17
18
19
20
21

Deborah McDowell
Frank McDowell
2800 Bellwort Court
Antioch, CA 94531
Dated: October 1, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

22
23
24
25
26
27
28
3