Winston et al v. Department of Agriculture et al

Filing 18

SECOND ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 9/10/2015 10:00 AM. Show Cause Response due by 8/28/2015. 8/27/2015 CMC is vacated. Signed by Judge Maria-Elena James on 8/24/2015. (cdnS, COURT STAFF) (Filed on 8/24/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

LUCILLE WINSTON, et al.,

Case No. 14-cv-05417-MEJ

Plaintiffs,
5

SECOND ORDER TO SHOW CAUSE

v.
6
7

DEPARTMENT OF AGRICULTURE, et al.,
Defendants.

8
9
10

This case has been pending since December 11, 2014, yet there is no indication any of the

United States District Court
Northern District of California

11

named Defendants have been served in compliance with Federal Rule of Civil Procedure 4. The

12

Court previously ordered Plaintiffs to serve all Defendants by July 20, 2015, and warned: “Any

13

Defendants that are not served by July 20 shall be dismissed without prejudice, unless Plaintiffs

14

establish good cause for their failure to comply with court deadlines.” Dkt. No. 16. As there is

15

still no indication that Defendants have been served, the Court ORDERS Plaintiffs to show cause

16

why this case should not be dismissed for failure to prosecute and failure to comply with court

17

deadlines. Plaintiffs shall file a declaration by August 28, 2015. If a responsive declaration is

18

filed, the Court shall either issue an order based on the declaration or conduct a hearing on

19

September 10, 2015 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San

20

Francisco, California. Notice is hereby provided to Plaintiffs that the Court shall dismiss this case

21

without a hearing if no responsive declaration is filed. Thus, it is imperative that the Court receive

22

a written response by the deadline above. No chambers copy is required.

23

The August 27, 2015 Case Management Conference is VACATED.

24

IT IS SO ORDERED.

25
26
27
28

Dated: August 24, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge