Tramil v. S.F. Human Rights Commission

Filing 4

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)

1
2
3

UNITED STATES DISTRICT COURT
4

NORTHERN DISTRICT OF CALIFORNIA
5

SAN FRANCISCO DIVISION
6
7
8

MARY L. TRAMIL,
Plaintiff,

9
10
11

Case No. 12-cv-04348 NC

v.

NOTICE OF DEFICIENCY;
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

S.F. HUMAN RIGHTS COMMISSION,
Defendant.

12
13
14

Plaintiff Mary Tramil, appearing pro se, filed this action for employment

15

discrimination in violation of Title VII of the Civil Rights Act on August 17, 2012. Dkt.

16

No. 1. This Court scheduled a case management conference for November 21, 2012, and

17

ordered the parties to file a joint case management conference statement by November 14,

18

2012. Dkt. No. 2. The Court also ordered the parties to consent or decline to the

19

jurisdiction of a magistrate judge under 28 U.S.C. § 636. Standing Order, Dkt. No. 2-1.

20

Plaintiff failed to file a case management conference statement and failed to

21

consent or decline to proceeding before a magistrate judge. Plaintiff has also yet to serve

22

the defendant in this matter. Fed. R. Civ. P. 4(m) (plaintiff is required to serve defendant

23

within 120 days after the complaint is filed). To comply with the Federal Rules of Civil

24

Procedure, Tramil must effectuate service on or before December 15, 2012. Fed. R. Civ.

25

P. 4(m).

26

Accordingly, Tramil must file a consent or declination to magistrate court

27

jurisdiction and must serve the defendant by December 15, 2012. See consent/declination

28

forms attached to this order.
Case No. 12-cv-04348 NC
NOTICE OF DEFICIENCY

1

The case management conference scheduled for November 21, 2012 is

2

CONTINUED to February 6, 2013, 10:00 a.m., Courtroom A, 15th Floor, San Francisco.

3

The parties must file a joint case management conference statement one week prior to the

4

case management conference. Failure to comply with this order will be deemed sufficient

5

grounds for dismissal under Rule 41(b). See Hells Canyon Pres. Council v. U.S. Forest

6

Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that a district court may dismiss an

7

action in accordance with Federal Rule of Civil Procedure 41(b) sua sponte for a

8

plaintiff’s failure to prosecute or comply with a court order).

9

In light of her pro se status, the Court advises plaintiff that she may wish to seek

10

assistance from the Legal Help Center, a free service of the Volunteer Legal Services

11

Program, by calling 415.782.9000 x8657 or signing up for an appointment on the 15th

12

floor of the Courthouse, Room 2796. At the Legal Help Center, plaintiff may speak with

13

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

14

Court also urges plaintiff to obtain a copy of the Pro Se Handbook, available free of

15

charge from the Court’s website (www.cand.uscourts.gov) or in the Clerk’s Office on the

16

16th Floor, 450 Golden Gate Avenue, San Francisco, CA.

17

IT IS SO ORDERED.
18
19

DATED: November 15, 2012
___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

20
21
22
23
24
25
26
27
28
Case No. 12-cv-04348 NC
NOTICE OF DEFICIENCY

2