Smith v. Hoffman

Filing 36

ORDER DISCHARGING SECOND ORDER TO SHOW CAUSE. The court directs Mr. Smith to file and serve a first amended complaint no later than August 31, 2015. Signed by Judge Laurel Beeler on 7/13/2015. (lblc2, COURT STAFF) (Filed on 7/13/2015)

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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. 3:14-cv-01741 LB
Plaintiff,

v.

ORDER DISCHARGING SECOND
ORDER TO SHOW CAUSE

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BRAD HOFFMAN, et al.,
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Defendants.
_____________________________________/

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On June 29, 2015, the court ordered the plaintiff Thomas Smith to show cause why this action

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should not be dismissed for failure to prosecute because he did not file a first amended complaint by

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the court’s June 1, 2015 deadline for doing so. (Second Order to Show Cause, ECF No. 34.) On July

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2, 2015, Mr. Smith’s counsel filed a declaration responding to the court’s order. (Moore Decl., ECF

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No. 35.) In it, Mr. Smith’s counsel described several personal matters that understandably required

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his attention. He asks the court either to give him additional time to file a first amended complaint or

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to stay the action while his appeal in a related action is pending. The court does not believe a stay is

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warranted at this time, but it will give Mr. Smith additional time to file and serve a first amended

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complaint. Accordingly, the court directs Mr. Smith to file and serve a first amended complaint no

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later than August 31, 2015.

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IT IS SO ORDERED.

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Dated: July 13, 2015
_______________________________
LAUREL BEELER
United States Magistrate Judge

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ORDER (No. 3:14-cv-01741 LB)