Tsoi v. Episcopal Community Services of San Francisco

Filing 57

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. Order to Show Cause Hearing set for 1/28/2016 01:30 PM. Signed by Judge Richard Seeborg on 12/20/15. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 12/21/2015)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 POLLIANA W. TSOI, Case No. 14-cv-02333-RS Plaintiff, 10 v. ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED United States District Court Northern District of California 11 12 EPISCOPAL COMMUNITY SERVICES OF SAN FRANCISCO, 13 Defendant. 14 15 Plaintiff Polliana W. Tsoi filed this action in May of 2014. Her pleadings are handwritten 16 and difficult to decipher, but the gravamen of her complaint appears to be that she was harassed 17 and mistreated while living at a shelter operated by defendant Episcopal Community Services. 18 Some of the alleged harassment was from fellow residents that defendant purportedly failed to 19 control, and some came directly from defendants’ employees. 20 Defendant answered in June of 2014. Citing health and other problems, plaintiff sought 21 and was granted several continuances of the initial Case Management Conference. The CMC 22 eventually went forward in February of this year, and the parties were ordered to participate in a 23 settlement conference with a magistrate judge. 24 Plaintiff failed to attend the settlement conference. Although she filed a motion to be 25 “exempted” from the settlement conference that same day, in light of her failure to seek relief in 26 advance of her failure to appear, the magistrate judge issued an order to show cause. See Dkt. No. 27 42. Plaintiff then failed to attend the hearing on the magistrate judge’s order to show cause, 28 although she did communicate with the court through certain filings and telephone calls, as 1 described in the magistrate judge’s subsequent Report and Recommendation. See Dkt. No. 45. 2 Because plaintiff’s conduct made it impossible to move forward with a settlement conference, 3 however, the magistrate judge recommended that a further order to show cause be issued by the 4 undersigned. 5 That order to show cause issued in September of this year. While plaintiff thereafter filed 6 certain other motions, which were denied, she never directly responded to that order to show 7 cause, other than twice to seek continuance of the hearing. On the morning of the hearing, plaintiff 8 telephoned the court and advised that she would not attend. On this record, while plaintiff has made some minimal efforts to stay in communication 10 with the court, her course of conduct demonstrates an unwillingness and/or inability to comply 11 United States District Court Northern District of California 9 with court orders and rules such that the case has not moved forward and cannot be expected to. 12 Accordingly, plaintiff is ordered to appear in person at 1:30 p.m. on January 28, 2016 in 13 Courtroom 3, Seventeenth Floor of the court, 450 Golden Gate Avenue, San Francisco, and show 14 cause why the case should not be dismissed for her failure to comply with orders and rules and/or 15 for lack of prosecution. No continuances of the hearing will be granted. In the event plaintiff 16 fails to appear, this case may be dismissed without further notice. 17 18 19 IT IS SO ORDERED. 20 21 22 23 Dated: December 20, 2015 ______________________________________ RICHARD SEEBORG United States District Judge 24 25 26 27 ORDER TO SHOW CAUSE CASE NO. 14-cv-02333-RS 28 2

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