Winston et al v. Department of Agriculture et al

Filing 12

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 5/28/2015 10:00 AM. Show Cause Response due by 5/13/2015. Law Office of H. Nelson Meeks is directed to serve this Order upon Plaintiffs. Signed by Judge Maria-Elena James on 4/29/2015. (cdnS, COURT STAFF) (Filed on 4/29/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LUCILLE WINSTON, et al., Case No. 14-cv-05417-MEJ Plaintiffs, 8 ORDER TO SHOW CAUSE v. 9 10 DEPARTMENT OF AGRICULTURE, et al., Defendants. United States District Court Northern District of California 11 12 13 Plaintiff Lucille Winston, individually and as Guardian Ad Litem for Lumari Winston, 14 filed this case on December 11, 2014, at which time she was represented by William W. Haskell 15 of the Law Offices of H. Nelson Meeks. Dkt. No. 1. On February 25, 2015, Mr. Haskell filed a 16 Motion to Withdraw as Attorney of Record, stating that a difference of opinion as to how this case 17 should proceed had arisen and that Plaintiff stopped communicating with him. Dkt. No. 7. 18 The Court granted Mr. Haskell’s motion, on the condition that the Law Offices of H. Nelson 19 Meeks continued to serve all papers from the Defendants and the Court until Plaintiffs filed either 20 (1) a substitution of counsel as provided by Civil Local Rule 11-5(b), or (2) a statement expressing 21 their desire to represent themselves in this case. Dkt. No. 10. The Court ordered Plaintiffs to file 22 either a notice of their intent to appear pro se or a substitution of counsel by April 13, 2015. 23 As Plaintiffs have failed to respond, the Court hereby ORDERS them to show cause why 24 this case should not be dismissed for failure to prosecute and failure to comply with court 25 deadlines. Plaintiffs shall file a declaration by May 13, 2015. If a responsive declaration is filed, 26 the Court shall either issue an order based on the declaration or conduct a hearing on May 28, 27 2015 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, 28 California. Notice is hereby provided to Plaintiffs that the Court may dismiss this case without a 1 hearing if no responsive declaration is filed. Thus, it is imperative that the Court receive a written 2 response by the deadline above. 3 4 5 The Law Office of H. Nelson Meeks is ORDERED to serve this Order to Show Cause upon Plaintiffs. IT IS SO ORDERED. 6 7 8 9 Dated: April 29, 2015 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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