Plyley v. Grangaard

Filing 42

ORDER TO SHOW CAUSE AS TO REQUEST FOR DISMISSAL. Show Cause Response due by 2/18/2014. Signed by Judge Alsup on 2/12/2014. (whalc2, COURT STAFF) (Filed on 2/12/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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GENE PLYLEY,
No. C 12-05825 WHA
Plaintiff,

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v.
MARLENE L. GRANGAARD, individually
and as trustee of the MARLENE L.
GRANGAARD REVOCABLE LIVING
TRUST, dba CLAM BEACH INN, aka
CLAM DIGGER BAR,

ORDER TO SHOW CAUSE AS
TO REQUEST FOR DISMISSAL

Defendants.
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In this action asserting claims under the Americans with Disabilities Act and state law,

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defendants have filed a motion for summary judgment. In response, plaintiff’s attorney Jason

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Singleton states the following (Dkt. No. 41) (emphasis added):

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INTRODUCTION: Plaintiff is now terminally ill and is not
expected to survive long. Plaintiff’s counsel pointed this out to
Defense counsel, and offered to dismiss the matter. A
dismissal after an [a]nswer is filed requires agreement by both
parties. Defendant refused.
OFFER OF STIPULATION: Plaintiff stipulates that due to
his current health condition he is unlikely to ever leave his
apartment, much less travel to Defendant’s Clam Digger Bar.
As a result, there is no possibility of future injury, therefore no
standing, and the federal claim is moot. Plaintiff requests the
Court thus dismiss the federal claim, and not extend
supplemental jurisdiction over the state claim.

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Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), it would appear that both sides

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could stipulate to dismissal without a court order, notwithstanding plaintiff’s representation that

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defendants refused such a stipulation. Defendants are thus ORDERED TO SHOW CAUSE as to why

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this case should not be dismissed under Rule 41(a)(2). Defendants’ response to this order is due

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by 5 PM ON FEBRUARY 18, 2014.

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IT IS SO ORDERED.

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Dated: February 12, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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