Winston et al v. Department of Agriculture et al

Filing 31

THIRD ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 11/5/2015 10:00 AM. Show Cause Response due by 10/21/2015. Signed by Judge Maria-Elena James on 10/7/2015. (cdnS, COURT STAFF) (Filed on 10/7/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

LUCILLE WINSTON, et al.,

Case No. 14-cv-05417-MEJ

Plaintiffs,
5
v.

THIRD ORDER TO SHOW CAUSE

6
7

DEPARTMENT OF AGRICULTURE, et al.,
Defendants.

8
9
10

On September 18, 2015, Defendants filed a Motion to Dismiss, with a noticed hearing date

United States District Court
Northern District of California

11

of November 5, 2015. Dkt. No. 25. However, Plaintiffs failed to file an opposition pursuant to

12

Civil Local Rule 7. Further, on September 21, 2015, the Court directed the parties to consent or

13

decline magistrate judge jurisdiction by October 2, yet Plaintiffs failed to respond. Accordingly,

14

the Court hereby VACATES the motion hearing and ORDERS Plaintiffs Lucille Winston and

15

Lumari Newsome to show cause why this case should not be dismissed for failure to prosecute

16

and failure to comply with court deadlines. Plaintiffs shall file a declaration by October 21, 2015.

17

If a responsive declaration is filed, the Court shall either issue an order based on the declaration or

18

conduct a hearing on November 5, 2015 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden

19

Gate Avenue, San Francisco, California. Notice is hereby given to Plaintiffs that the Court may

20

dismiss this case without a hearing if no responsive declaration is filed. Thus, it is imperative that

21

the Court receive a written response by the deadline above.

22

IT IS SO ORDERED.

23
24
25
26
27
28

Dated: October 7, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge