Tramil v. S.F. Human Rights Commission
Filing
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NOTICE OF DEFICIENCY AND ORDER CONTINUING Case Management Conference to 2/6/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Plaintiff shall serve defendant and file consent or declination to magistrate court jurisdiction by 12/15/2012. Signed by Judge Nathanael Cousins on 11/15/12. (Attachments: # 1 Consent/Declination, # 2 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 11/15/2012)
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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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MARY L. TRAMIL,
Plaintiff,
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Case No. 12-cv-04348 NC
v.
NOTICE OF DEFICIENCY;
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
S.F. HUMAN RIGHTS COMMISSION,
Defendant.
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Plaintiff Mary Tramil, appearing pro se, filed this action for employment
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discrimination in violation of Title VII of the Civil Rights Act on August 17, 2012. Dkt.
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No. 1. This Court scheduled a case management conference for November 21, 2012, and
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ordered the parties to file a joint case management conference statement by November 14,
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2012. Dkt. No. 2. The Court also ordered the parties to consent or decline to the
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jurisdiction of a magistrate judge under 28 U.S.C. § 636. Standing Order, Dkt. No. 2-1.
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Plaintiff failed to file a case management conference statement and failed to
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consent or decline to proceeding before a magistrate judge. Plaintiff has also yet to serve
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the defendant in this matter. Fed. R. Civ. P. 4(m) (plaintiff is required to serve defendant
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within 120 days after the complaint is filed). To comply with the Federal Rules of Civil
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Procedure, Tramil must effectuate service on or before December 15, 2012. Fed. R. Civ.
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P. 4(m).
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Accordingly, Tramil must file a consent or declination to magistrate court
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jurisdiction and must serve the defendant by December 15, 2012. See consent/declination
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forms attached to this order.
Case No. 12-cv-04348 NC
NOTICE OF DEFICIENCY
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The case management conference scheduled for November 21, 2012 is
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CONTINUED to February 6, 2013, 10:00 a.m., Courtroom A, 15th Floor, San Francisco.
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The parties must file a joint case management conference statement one week prior to the
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case management conference. Failure to comply with this order will be deemed sufficient
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grounds for dismissal under Rule 41(b). See Hells Canyon Pres. Council v. U.S. Forest
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Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that a district court may dismiss an
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action in accordance with Federal Rule of Civil Procedure 41(b) sua sponte for a
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plaintiff’s failure to prosecute or comply with a court order).
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In light of her pro se status, the Court advises plaintiff that she may wish to seek
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assistance from the Legal Help Center, a free service of the Volunteer Legal Services
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Program, by calling 415.782.9000 x8657 or signing up for an appointment on the 15th
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floor of the Courthouse, Room 2796. At the Legal Help Center, plaintiff may speak with
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an attorney who may be able to provide basic legal help, but not legal representation. The
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Court also urges plaintiff to obtain a copy of the Pro Se Handbook, available free of
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charge from the Court’s website (www.cand.uscourts.gov) or in the Clerk’s Office on the
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16th Floor, 450 Golden Gate Avenue, San Francisco, CA.
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IT IS SO ORDERED.
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DATED: November 15, 2012
___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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Case No. 12-cv-04348 NC
NOTICE OF DEFICIENCY
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