Fleming v. Cigan Health Corporation et al

Filing 34

ORDER TO SHOW CAUSE. Show Cause Response due by 5/26/2016. Signed by Judge Edward M. Chen on 5/12/2016. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 5/12/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JEFFREY E. FLEMING,
Plaintiff,

8
9
10

ORDER TO SHOW CAUSE

v.
CIGNA HEALTH CORPORATION, et al.,
Defendants.

12
For the Northern District of California

United States District Court

11

Case No. 15-cv-04646-EMC

13

Plaintiff Jeffrey E. Fleming filed the instant suit against Defendants Cigna Health

14

Corporation, Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc.,

15

Starwood Hotels & Resorts Management Company, Inc., and Starwood Hotels & Resorts

16

Worldwide, Inc. Mr. Fleming asserts violations of his federal and constitutional rights based on

17

Defendants’ alleged failure to give Mr. Fleming copies of his medical records after discovery that

18

Mr. Fleming is a Jehovah’s Witness. Docket No. 29 (First Amended Complaint) (FAC) at ¶ 6.

19

This Court previously adopted Judge Westmore’s report and recommendation, and dismissed Mr.

20

Fleming’s complaint for failure to give adequate notice of his claim. Docket No. 27. Mr. Fleming

21

subsequently filed an amended complaint, and Defendants filed a motion to dismiss. Docket No.

22

30. Mr. Fleming’s opposition to the motion to dismiss was due on May 4, 2016. No opposition

23

was filed on that day.

24

Accordingly, the Court hereby VACATES the May 26, 2016 hearing on Defendants’

25

motion to dismiss. Mr. Fleming is hereby ordered to show cause as to why his complaint should

26

not be dismissed, with prejudice, for failure to oppose and/or failure to prosecute. Mr. Fleming

27

shall also address, in his response to this order to show cause, the substantive arguments raised by

28

Defendants in their respective motions.

1

Mr. Fleming’s response shall be filed by May 26, 2016. Mr. Fleming is forewarned that

2

a failure to timely file a response to this order to show cause shall result in a dismissal of this case

3

with prejudice.

4
5

IT IS SO ORDERED.

6
7
8
9

Dated: May 12, 2016
______________________________________
EDWARD M. CHEN
United States District Judge

10

12
For the Northern District of California

United States District Court

11

13
14
15
16
17
18
19
20
21

22
23
24
25
26
27
28

2