Harrison et al v. Robinson Rancheria Band of Pomo Indians Business Council

Filing 38

ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED WITH PREJUDICE PURSUANT TO RULE 41(B). Show Cause Response due by 11/7/2013. Order to Show Cause Hearing set for 11/14/2013 at 2:00 PM. Signed by Judge Jon S. Tigar on October 22, 2013. (wsn, COURT STAFF) (Filed on 10/23/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALAN HARRISON, et al., Case No. 13-cv-01413-JST Plaintiffs, 8 v. 9 10 ROBINSON RANCHERIA BAND OF POMO INDIANS BUSINESS COUNCIL, Defendant. 11 United States District Court Northern District of California ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED WITH PREJUDICE PURSUANT TO RULE 41(B) 12 On September 30, this Court dismissed the complaint in this action without prejudice for 13 lack of subject-matter jurisdiction, and noted that “[i]f Plaintiffs wish to amend their complaint to 14 correct the deficiencies identified in this Order and validly invoke the Court’s subject-matter 15 jurisdiction, they are ORDERED to do so not more than twenty-one days from the date of this order.” 16 ECF No. 36. The Court noted that “[f]ailure to comply with this order will result in dismissal with 17 prejudice.” Id. Plaintiffs have not filed an amended complaint or any other submission with this 18 Court. 19 Plaintiffs are therefore ORDERED to SHOW CAUSE in writing, not later than November 7, 20 2013, why the complaint should not now be dismissed WITH PREJUDICE pursuant to Rule 41(b) of 21 the Federal Rules of Civil Procedure. The Order to Show Cause will be heard on November 14, 2013, 22 at 2:00 P.M., 450 Golden Gate Avenue, Courtroom 9, 19th Floor, San Francisco, California. If 23 Plaintiffs again fail to respond to this order, the Court will consider that as an important factor in 24 determining whether dismissal with prejudice is appropriate. 25 26 27 28 IT IS SO ORDERED. Dated: October 22, 2013 ______________________________________ JON S. TIGAR United States District Judge

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