Osburn v. Oakland Police Officers et al

Filing 7

SECOND ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 3/28/2013 10:00 AM. Show Cause Response due by 3/15/2013.. Signed by Judge Maria-Elena James on 3/5/2013. (cdnS, COURT STAFF) (Filed on 3/5/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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JOHN WESTON OSBURN,
Plaintiff,

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No. C 12-3397 MEJ
SECOND ORDER TO SHOW CAUSE

v.
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OAKLAND POLICE OFFICERS, et al.,
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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On October 1, 2012, the Court vacated the Case Management Conference in this case and

14 ordered Plaintiff John Weston Osburn to file a status report. Dkt. No. 3. As he failed to respond, the
15 Court ordered Plaintiff to show cause why this case should not be dismissed for failure to prosecute
16 and failure to comply with court deadlines. Dkt. No. 4. In response, Plaintiff’s counsel filed a
17 declaration stating that “the agreement for settlement had already been reached when the case was
18 filed—there having been an earlier version brought in the Alameda Count Superior Court, which had
19 to be superseded because of a time problem—and so I had essentially moved it to the “done” column,
20 carried in my head; not an adequate mode for keeping track, I admit.” Dkt. No. 5. Based on this
21 response, the Court discharged the order to show cause and ordered Plaintiff to file a dismissal or
22 status report by February 14, 2013. Dkt. No. 6. Plaintiff has again failed to comply with the Court’s
23 order.
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Accordingly, the Court ORDERS Plaintiff’s counsel, Dennis Cunningham, to provide his

25 client, John Weston Osburn, with (1) a copy of this order, (2) the January 3, 2013 Order to Show
26 Cause, and (3) Mr. Cunningham’s January 17 declaration in response. Mr. Cunningham shall provide
27 the copies by March 8, 2013. Plaintiff shall thereafter file a declaration by March 15, 2013, attesting
28 that he has received copies of these documents. Further, the Court ORDERS Plaintiff to show cause

1 why this case should not be dismissed for repeatedly failing to comply with court orders. Plaintiff
2 shall file a separate declaration by March 15, 2013. If a responsive declaration is filed, the Court
3 shall either issue an order based on the declaration or conduct a hearing on March 28, 2013 at 10:00
4 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Notice is
5 hereby provided to Plaintiff that the Court may dismiss the case without a hearing if no responsive
6 declaration is filed. Thus, it is imperative that Plaintiff file a written response by the deadline above.
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IT IS SO ORDERED.

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9 Dated: March 5, 2013
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Maria-Elena James
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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