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