Huston v. Affinity Medical Solutions, Inc et al

Filing 15

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE: Plaintiff shall file response and file a consent or declination to the jurisdiction of a magistrate judge by 5:00 PM on 11/19/2012. Signed by Judge Nathanael Cousins on 11/15/12. (Attachments: # 1 Consent/Declination)(lmh, COURT STAFF) (Filed on 11/15/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN FRANCISCO DIVISION 8 9 TOSHIA HUSTON, 10 Plaintiff, 11 vs. Case No. 12-cv-05202 NC 12 13 14 15 AFFINITY MEDICAL SOLUTIONS, INC.; ROBIN MIMS; LOLA TROVAO; SCOTT PLACNIK; DOE 1; DOE 2; DOE 3; DOE 4; DOES 5 THROUGH 100, INCLUSIVE, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Re: Dkt. No. 12 Defendants. 16 17 On November 6, 2012, the Court issued an order to show cause why this case 18 should not be dismissed for plaintiff’s failure to file an opposition or statement of 19 nonopposition to defendants’ motion to dismiss. See Dkt. No. 12. The order to show 20 cause deadline was November 13, 2012. To date, counsel has not responded to the 21 Court’s order and has not filed a consent or declination to the jurisdiction of a United 22 States Magistrate Judge. Form attached. 23 Plaintiff is ordered to respond to the order to show cause and file a consent or 24 declination to the jurisdiction of a magistrate judge by 5:00 p.m. on November 19. 25 Counsel is reminded that failure to follow the local rules and failure to comply with court 26 orders is proper grounds for dismissal. See Hells Canyon Pres. Council v. U.S. Forest 27 Serv., 403 F.3d 683, 689 (9th Cir. 2005) (district court may dismiss an action in 28 accordance with Federal Rule of Civil Procedure 41(b) sua sponte for a plaintiff’s failure Case No. 12-cv-05202 NC ORDER TO SHOW CAUSE 1 to prosecute or comply with a court order). 2 IT IS SO ORDERED. 3 DATED: November 15, 2012 ____________________________ NATHANAEL M. COUSINS United States Magistrate Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 12-cv-05202 NC ORDER TO SHOW CAUSE 2

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