Yates v. Fairview Market, Inc. et al

Filing 12

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE: Order to Show Cause Hearing set for 9/26/2013 at 11:00 AM. Show Cause Response due by 9/23/2013. Signed by Magistrate Judge Laurel Beeler on 9/16/2013. (ls, COURT STAFF) (Filed on 9/16/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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CRAIG YATES,

No. C 12-03459 LB
Plaintiff,

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ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE

v.
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FAIRVIEW MARKET, 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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Plaintiff filed a complaint against Defendants on July 2, 2012. Complaint, ECF No. 1. The

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ADA Scheduling Order required Plaintiff to complete service on Defendants by August 31, 2012.

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Defendants Fairview Market, Inc. and Rong Xu Fang appeared in the case and consented to the

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undersigned’s jurisdiction. See ECF Nos. 5-8. Defendant Sherwin Chew has not appeared and the

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record does not indicate that he has been served. See generally Docket. The case was referred to

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mediation in October 2012, but the case has since come to a standstill. See generally Docket. The

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deadlines for this ADA case also have passed. See ADA Scheduling Order, ECF No. 2.

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Accordingly, the court ORDERS Plaintiff to show cause why this action should not be

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dismissed for failure to prosecute and why Defendant Sherwin Chew should not be dismissed for

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failure to effect service. Plaintiff SHALL do so by filing a written response no later than Monday

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September 23, 2013. The court SETS a show cause hearing for Thursday, September 26, 2013 at

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11:00 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San

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Francisco, California, 94102.

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IT IS SO ORDERED.

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Dated: September 16, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 12-03459 LB
ORDER TO SHOW CAUSE