Rawlins v. UC Office of the President

Filing 16

SECOND ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 7/16/2015 10:00 AM. Show Cause Response due by 7/2/2015. Signed by Judge Maria-Elena James on 6/22/2015. (cdnS, COURT STAFF) (Filed on 6/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRY RAWLINS,

Case No. 15-cv-00809-MEJ

Plaintiff,
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v.

SECOND ORDER TO SHOW CAUSE

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REGENTS OF THE UNIVERSITY OF
CALIFORNIA,

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United States District Court
Northern District of California

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Defendant.

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On February 23, 2015, Plaintiff Terry Rawlins filed this employment discrimination case

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against Defendant Regents of the University of California, at which time the matter was set for a

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Case Management Conference on May 28, 2015. Dkt. Nos. 1-2. However, as of May 22, it was

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not clear whether service of the summons and complaint has been completed in compliance with

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Federal Rule of Civil Procedure 4, and no joint or separate case management statement had been

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filed by the May 21 deadline. Accordingly, the Court ordered Plaintiff to show cause why the

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case should not be dismissed for failure to prosecute. Dkt. No. 5.

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After the Court issued the Order to Show Cause, Defendant appeared and filed a request to

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continue the Case Management Conference by one month, stating it was served on May 1, but the

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parties had not had an opportunity to meet and confer. Dkt. No. 8. The Court granted

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Defendant’s request and continued the Case Management Conference to June 25, 2015, with the

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parties’ joint statement due June 18. Dkt. No. 10.

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On June 18, 2015, Defendant filed a separate Case Management Statement, stating that it

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attempted on multiple occasions to confer with Plaintiff, including two email communications and

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three phone calls, and also prepared and sent Plaintiff a draft Joint Case Management Statement

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for his consideration, but had not heard back from him. Dkt. No. 14. Plaintiff has not filed his

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own case management statement and has made no appearance in this case since May 5, 2015.

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Accordingly, the Court hereby ORDERS Plaintiff Terry Rawlins to show cause why this

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case should not be dismissed for failure to prosecute and failure to comply with court deadlines.

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Plaintiff shall file a declaration by July 2, 2015. If a responsive declaration is filed, the Court shall

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either issue an order based on the declaration or conduct a hearing on July 16, 2015 at 10:00 a.m.

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in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Notice is

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hereby provided to Plaintiff that the Court may 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 written response by

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the deadline above.
The June 25, 2015 Case Management Conference is VACATED.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: June 22, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRY RAWLINS,

Case No. 15-cv-00809-MEJ

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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UC OFFICE OF THE PRESIDENT,
Defendant.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on June 22, 2015, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Terry Rawlins
1 Wood St.
Apt.5
San Francisco, CA 94118

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Dated: June 22, 2015

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Richard W. Wieking
Clerk, United States District Court

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_______________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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