Bhatnagar v. United States of America

Filing 19

ORDER DISCHARGING SECOND OSC. Amended Pleadings due by 11/21/2014. Signed by Judge Maria-Elena James on 9/17/2014. (cdnS, COURT STAFF) (Filed on 9/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SANJAY BHATNAGAR,

Case No. 14-cv-00327-MEJ

Plaintiff,
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v.

ORDER DISCHARGING SECOND OSC

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THE PRESIDIO TRUST,
Defendant.

United States District Court
Northern District of California

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Plaintiff Sanjay Bhatnagar filed this action on January 22, 2014, alleging a personal injury

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claim under 28 U.S.C. § 2671, the Federal Tort Claims Act, against the Presidio Trust, a

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government agency. Compl., Dkt. No. 1. He also filed an application to proceed in forma

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pauperis. Dkt. No. 3. On February 11, 2014, the Court granted Plaintiff’s in forma pauperis

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application, but dismissed the Complaint with leave to amend, finding: (1) it was not clear from

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the Complaint whether he filed within the applicable statute of limitations period; (2) there was no

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indication that he exhausted his administrative remedies; and (3) the Complaint failed to state a

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claim upon which relief can be granted because Plaintiff alleged only that Defendant failed to

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either maintain safe premises or to warn of hazards on the property, which cannot support liability

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under the Act. Order at 4-5, Dkt. No. 8. The Court directed Plaintiff to file any amended

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complaint by March 12, 2014, and directed the Clerk of Court to close the file in this case if an

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amended complaint was not filed by that deadline. Id. at 7.

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Subsequently, on March 19, 2014, the Court granted Plaintiff’s Motion to Stay the filing

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deadline for a period during which he would be out of the country attending to family matters.

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Dkt. Nos. 11, 12. As the stay ended on June 1 and no amended complaint had been filed, the

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Court ordered Plaintiff to file a status report by June 19, 2014. Dkt. No. 13. Plaintiff failed to

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respond, and the Court ordered him to show cause why this case should not be dismissed for

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failure to prosecute and failure to comply with court deadlines. Dkt. No. 14. Plaintiff filed a

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responsive declaration on June 30, 2014, stating that he had to leave the country again and

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requesting additional time to file an amended complaint. Dkt. No. 16. The Court discharged the

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Order to Show Cause and ordered Plaintiff to file his amended complaint by August 29, 2014.

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Dkt. No. 15.

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As Plaintiff again failed to respond, the Court issued a Second Order to Show Cause. Dkt.

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No. 17. Plaintiff has filed a response in which he requests an extension until the middle of

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November to file his amended complaint. Dkt. No. 18. Good cause appearing, the Court
DISCHARGES the Second Order to Show Cause. Plaintiff shall file his amended complaint by

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United States District Court
Northern District of California

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November 21, 2014. Given that this case will have been pending for nearly one year and

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Defendant has yet to be served, Plaintiff should be mindful that the Court is unlikely to grant any

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further extensions past the November 21 deadline.

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IT IS SO ORDERED.

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Dated: September 17, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SANJAY BHATNAGAR,

Case No. 14-cv-00327-MEJ

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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THE PRESIDIO TRUST,
Defendant.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 9/17/2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Sanjay Bhatnagar
1599 Green Street #107
San Francisco, CA 94123

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Dated: 9/17/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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