Smith v. Hoffman

Filing 32

ORDER DISCHARGING ORDER TO SHOW CAUSE AND REQUIRING A FIRST AMENDED COMPLAINT TO BE FILED AND SERVED BY APRIL 27, 2015. Signed by Judge Laurel Beeler on 3/19/2015. (lblc2, COURT STAFF) (Filed on 3/19/2015)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
THOMAS E. SMITH,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 14-01741 LB
Plaintiff,

v.
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BRAD HOFFMAN, et al.,
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ORDER DISCHARGING ORDER TO
SHOW CAUSE AND REQUIRING A
FIRST AMENDED COMPLAINT TO
BE FILED AND SERVED BY APRIL
27, 2015

Defendants.
_____________________________________/

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On March 9, 2015, this court ordered Plaintiff to show cause why the case should not be

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dismissed for failure to prosecute. The court did so because, although the action was filed on April

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16, 2014, Plaintiff still had not served Defendants with the complaint and summons.

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On March 10, 2015, Plaintiff’s counsel responded to the order to show cause. He explained that

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he has been facing some personal difficulties of late and that his paralegal, who knows much about

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this action, has been dealing with a medical problem for the last few months. These things have

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prevented him from drafting, filing, and serving a first amended complaint. That said, he believes

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that he can do so by mid- to late-April 2015. He also says that he has been in contact with

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Defendants’ counsel, who has no objection to the delay in service.

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Based on Plaintiff’s counsel’s representations, the court discharges its order to show cause.

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Under the circumstances, the court will allow Plaintiff’s counsel to file and serve a first amended

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complaint no later than April 27, 2015.

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IT IS SO ORDERED.
Dated: March 19, 2015
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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