Azucena v. Latino Commission on Alcohol and Drug Abuse of Alameda County

Filing 34

ORDER TO SHOW CAUSE Show Cause Response due by 6/17/2013.. Signed by Judge Jeffrey S. White on 6/7/13. (jjoS, COURT STAFF) (Filed on 6/7/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARCO J. AZUCENA,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 12-06033 JSW

v.

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LATINO COMMISSION ON ALCOHOL
AND DRUG ABUSE OF ALAMEDA
COUNTY,

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ORDER TO SHOW CAUSE

Defendant.
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This matter is set for a hearing on August 9, 2013 on the motion to dismiss filed by

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Defendants. Pursuant to Local Civil Rule of the Northern District 7-3, an opposition or

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statement of non-opposition to this motion was due to be filed and served by June 3, 2013. To

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date, Plaintiff has not filed an opposition or statement of non-opposition. On June 5, 2013,

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Defendants filed a notice of non-receipt of an opposition.

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Plaintiff is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by June 17,

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2013, why the pending motion to dismiss should not be granted in light of his failure to file a

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timely opposition or statement of non-opposition. If Plaintiff seeks to file a substantive

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response to Defendants’ motion, Plaintiff must demonstrate good cause for failing to file his

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opposition brief in a timely fashion. In his response to this OSC, Plaintiff is also directed to

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show cause why this case should not be dismissed for failure to prosecute. Plaintiff is

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admonished that his failure to respond this Order by June 17, 2013, will result in a dismissal of

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this action.

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If Plaintiff fileS a substantive response to Defendants’ motion and demonstrates good

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cause for his delay, the Court will provide Defendants an opportunity to file a reply brief by no

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later than July 1, 2013.

Court shall dismiss this case without prejudice without further notice to Plaintiff. The Court

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advises Plaintiff that the Handbook for Pro Se Litigants, contains helpful information about

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proceeding without an attorney, is available through the Court’s website or in the Clerk’s office.

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The Court also advises Plaintiff that he also may wish to seek assistance from the Legal Help

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Center. Plaintiff may call the Legal Help Center at 415-782-9000, extension 8657, or sign up

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on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney who

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For the Northern District of California

If Plaintiff fails to file a response to this Order to Show Cause by June 17, 2013, the

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United States District Court

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may be able to provide basic legal help, but not legal representation.

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IT IS SO ORDERED.
Dated: June 6, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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Case Number: CV12-06033 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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For the Northern District of California

United States District Court

10 MARCO J AZUCENA,

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v.

13 LATINO COMMISSION ON ALCOHOL
AND DRUG ABUSE OF ALAMEDA
14 COUNTY et al,
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Defendant.

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17 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on June 7, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
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depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
20 delivery receptacle located in the Clerk's office.
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22 Marco J. Azucena
9616 D Street
23 Oakland, CA 94603
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25 Dated: June 7, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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