Melendez v. USA

Filing 41

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 12/17/2015 10:00 AM. Plaintiff's Show Cause Response due by 11/20/2015. Government's response due by 12/4/2015. Plaintiff's Reply due by 12/9/2015.. Signed by Judge Vince Chhabria on 11/10/15. (tlS, COURT STAFF) (Filed on 11/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAFAEL MELENDEZ,

Case No. 15-cv-03103-VC

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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USA,
Defendant.

United States District Court
Northern District of California

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A case management conference took place on November 10, 2015. Counsel for the

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defendant appeared, but counsel for the plaintiff did not. Accordingly, the plaintiff is ordered to

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show cause why his case should not be dismissed. There are two potential reasons for dismissal,

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and the plaintiff must address both in his response to the order to show cause:

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1. In light of his lawyer's failure to appear at the case management conference, the

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plaintiff must explain why the case should not be dismissed for failure to prosecute under Rule

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41(b) of the Federal Rules of Civil Procedure. Dismissal under Rule 41(b) would be with

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prejudice (and the government's counterclaim would be dismissed without prejudice).

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2. The plaintiff must also explain why the case should not be dismissed for lack of

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jurisdiction, based on the government's assertion that it hasn't had the opportunity to consider the

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refund claim.

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The plaintiff's response to the order to show cause is due November 20, 2015. If a

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response is not filed by that date, the case will be dismissed under Rule 41(b). The government's

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response is due December 4, 2015. Any reply by the plaintiff is due December 9, 2015. A

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hearing on the order to show cause will take place on December 17, 2015 at 10:00 a.m.

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IT IS SO ORDERED.
Dated: November 10, 2015

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______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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