K.B. et al v. Alameda County et al

Filing 41

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 11/19/2015 at 11:00 AM. Signed by Magistrate Judge Laurel Beeler on 11/10/2015. (lsS, COURT STAFF) (Filed on 11/10/2015)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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K.B., a Successor-in-Interest to Decedent
) Case No.: C-14-04676 LB
5 ROBBIE SPRIGGS, by and through his
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Guardian Ad Litem, KIYERA BYRONE;
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6 BRENDA COOK, an individual, and JOHN
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SPRIGGS, an individual
) ORDER TO SHOW CAUSE
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Plaintiffs,
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vs.
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COUNTY OF ALAMEDA, a municipal
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10 corporation; ANTHONY ANIASCO, in his
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individual and official capacity as a Sergeant for )
11 the Alameda County Sheriff’s Department,
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GLENN ARRIVAS, in his individual and official)
12 capacity as a Deputy for the Alameda County
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Sheriff’s Department, and DOES 1-50,
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Defendants.
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ORDER TO APPEAR IN COURT AND SHOW CAUSE WHY MINOR PLAINTIFF K.B.’S
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CASE SHOULD NOT BE DISMISSED WITH PREJUDICE
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KIYERA BYRONE, Minor Plaintiff K.B.’s mother and guardian ad litem in this action, is
hereby ORDERED TO PERSONALLY APPEAR on NOVEMBER 19, 2015 at 11:00 a.m. in
this Court, 450 Golden Gate Avenue, San Francisco, CA, 15th Floor, Courtroom C, to explain

22 why she has not provided proof of paternity, in the form of a DNA sample, of her son, pursuant to
23 the settlement agreement reached in this case on May 27, 2015.
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That settlement was conditioned on approval by the COUNTY OF ALAMEDA Board of

25 Supervisors and subject to approval by this Court of Minor K.B.’s minor’s compromise. Neither
26 approval by the Board of Supervisors, nor approval of the minor’s compromise, can occur until the
27 the DNA testing occurs. Nearly 6 months have passed, and Ms. BYRONE has failed to produce
28 Minor Plaintiff K.B. for DNA testing.
-1ORDER TO SHOW CAUSE
K.B., et al. v. County of Alameda, et al., U.S. District Court, N. Dist. of California Case No.: C-14-04676 LB

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Failure of Ms. BYRONE to appear at the November 19, 2015 Order to Show Cause

2 hearing may result in the dismissal with prejudice of all of Minor Plaintiff K.B.’s, claims and
3 causes of action in this action. Such a dismissal would result in Minor Plaintiff K.B. being
4 forever barred from any recovery relating to the death of his alleged father, Decedent
5 ROBBIE SPRIGGS.
Should Ms. BYRONE provide proof through her attorney, Ben Nisenbaum, Law Offices of
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John Burris, that the DNA sample has been taken for testing prior to the November 19, 2015
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hearing on this Order to Show Cause, the Court shall discharge the Order to Show Cause.
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FAILURE TO COMPLY WITH THIS ORDER TO SHOW CAUSE MAY RESULT
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IN OUTRIGHT DISMISSAL WITH PREJUDICE OF ALL OF MINOR PLAINTIFF
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K.B.’S CLAIMS AND CAUSES OF ACTION, CAUSING K.B. TO RECOVER NOTHING
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RELATED TO THE DEATH OF DECEDENT ROBBIE SPRIGGS.
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Dated: November 10, 2015

______________________________
Laurel Beeler
UNITED STATES MAGISTRATE JUDGE

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-2ORDER TO SHOW CAUSE
K.B., et al. v. County of Alameda, et al., U.S. District Court, N. Dist. of California Case No.: C-14-04676 LB