Winston et al v. Department of Agriculture et al

Filing 36

FOURTH ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 11/12/2015 10:00 AM. Show Cause Response due by 11/2/2015. Signed by Judge Maria-Elena James on 10/26/2015. (cdnS, COURT STAFF) (Filed on 10/26/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LUCILLE WINSTON, et al.,

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Case No. 14-cv-05417-MEJ

Plaintiffs,
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v.

FOURTH ORDER TO SHOW CAUSE

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DEPARTMENT OF AGRICULTURE, et al.,

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Defendants.
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United States District Court
Northern District of California

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Plaintiff Lucille M. Winston brings this action on behalf of herself and as the Guardian Ad

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Litem for her minor daughter, Plaintiff Lumari Newsome. Am. Compl. at 2, Dkt. No. 15. On

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September 18, 2015, Defendants filed a Motion to Dismiss Plaintiffs’ Amended Complaint, with a

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noticed hearing date of November 5, 2015. Dkt. No. 25. Plaintiffs failed to file an Opposition

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pursuant to Civil Local Rule 7, and the Court therefore issued a Third Order to Show Cause1 in

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this case, ordering Plaintiffs to show cause why this case should not be dismissed for failure to

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prosecute. Dkt. No. 31. Although Plaintiffs did not respond to the Order to Show Cause, they

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filed a Statement of Non-Opposition to Defendants’ Motion. Dkt. No. 32. Accordingly, the Court

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discharged the Third Order to Show Cause, denied the Motion to Dismiss as moot, and ordered

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Plaintiffs to file a Second Amended Complaint by October 20, 2015. Dkt. No. 34. The Court also

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directed Plaintiffs, for a second time, to file a consent or declination to proceed before a magistrate

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judge, also due by October 20, 2015. Dkt. No. 33. Plaintiffs have failed to comply with both

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court-ordered deadlines.
Based on this procedural background, the Court issues this Fourth Order to Show Cause

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and ORDERS as follows:

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The Court issued the first and second Orders to Show Cause to Plaintiffs on April 29, 2015 (Dkt.
No. 12) and August 24, 2015 (Dkt. No. 18).

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1)

Plaintiffs shall file a declaration by November 2, 2015, signed by Lucille Winston

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and Plaintiffs’ counsel of record. In their declaration, Plaintiffs and counsel shall

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provide a summary of the procedural background of this case, including the four

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orders to show cause. Plaintiff Winston shall attest that she received the four

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orders to show cause and is aware of the contents therein. Plaintiffs shall also show

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cause as to why this case should not be dismissed for failure to prosecute and

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failure to comply with court-ordered deadlines.

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2)

Plaintiffs shall file their Second Amended Complaint by November 2, 2015.
Plaintiffs are advised that they must file both the declaration and Second Amended

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Complaint by November 2, 2015. It is not enough for Plaintiffs to file an Amended

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United States District Court
Northern District of California

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Complaint without also responding to this Order to Show Cause.

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3)

The Court shall conduct an Order to Show Cause hearing on November 12, 2015 at

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

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California.

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4)

As there have now been four orders to show cause in this case, Plaintiffs are

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advised that the Court will very likely dismiss this case without a hearing if no

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responsive declaration is filed. Thus, it is imperative that the Court receive a

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written response by the deadline above.

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IT IS SO ORDERED.

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Dated: October 26, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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