Moralez v. Whole Foods Market, Inc.

Filing 41

ORDER TO SHOW CAUSE re 28 motion to dismiss. Show Cause Response due by 11/6/2015. Signed by Judge Samuel Conti on October 27, 2015. (sclc2, COURT STAFF) (Filed on 10/27/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,
Plaintiff,

United States District Court

For the Northern District of California

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v.

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WHOLE FOODS MARKET CALIFORNIA,
INC.,

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Defendant.

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) Case No. 3:14-cv-5022 SC
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) ORDER TO SHOW CAUSE FOR
) MOTION TO DISMISS
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The Court has before it a motion to dismiss the case at bar,

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filed by Whole Foods Market California, Inc. ("Whole Foods" or

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"Defendant").

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previously determined the matter is appropriate for decision

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without oral argument per Civil Local Rule 7-1(b).

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at 3.

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but finds itself in need of certain additional information.

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this information may not be in the complaint, the information will

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assist the Court in making a determination whether leave to amend

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is proper if dismissal is otherwise warranted.

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The motion is fully briefed,1 and the Court has

See ECF No. 37

The Court has all-but completed its Order on this motion,
While

The Court ORDERS Defendant to SHOW CAUSE, in writing: (1) why

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the Plaintiff was not permitted to shop at Whole Foods in Walnut

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Creek; (2) why Plaintiff was barred from every (or any) Whole Foods

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ECF Nos. 28 ("Mot."), 33 ("Opp'n"), 34 ("Reply").

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store in the United States; (3) why a closed sign was placed in

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front of Plaintiff when she got to the front of the checkout-line;

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(3) why Plaintiff was refused service; (4) why Defendant called

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police; and (5) what information Defendant provided to police

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versus what action Defendant requested police take.

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ORDERED to file this information with the Court within 10 days of

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the date of this Order.

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shall take any information submitted under submission to be

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considered with the motion to dismiss.

Defendant is

No hearing will be required; the Court

United States District Court

For the Northern District of California

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IT IS SO ORDERED.

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Dated: October 27, 2015

____________________________
UNITED STATES DISTRICT JUDGE

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