Fleming v. Cigan Health Corporation et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JEFFREY E. FLEMING,
Plaintiff,
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ORDER TO SHOW CAUSE
v.
CIGNA HEALTH CORPORATION, et al.,
Defendants.
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For the Northern District of California
United States District Court
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Case No. 15-cv-04646-EMC
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Plaintiff Jeffrey E. Fleming filed the instant suit against Defendants Cigna Health
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Corporation, Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc.,
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Starwood Hotels & Resorts Management Company, Inc., and Starwood Hotels & Resorts
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Worldwide, Inc. Mr. Fleming asserts violations of his federal and constitutional rights based on
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Defendants’ alleged failure to give Mr. Fleming copies of his medical records after discovery that
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Mr. Fleming is a Jehovah’s Witness. Docket No. 29 (First Amended Complaint) (FAC) at ¶ 6.
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This Court previously adopted Judge Westmore’s report and recommendation, and dismissed Mr.
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Fleming’s complaint for failure to give adequate notice of his claim. Docket No. 27. Mr. Fleming
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subsequently filed an amended complaint, and Defendants filed a motion to dismiss. Docket No.
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30. Mr. Fleming’s opposition to the motion to dismiss was due on May 4, 2016. No opposition
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was filed on that day.
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Accordingly, the Court hereby VACATES the May 26, 2016 hearing on Defendants’
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motion to dismiss. Mr. Fleming is hereby ordered to show cause as to why his complaint should
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not be dismissed, with prejudice, for failure to oppose and/or failure to prosecute. Mr. Fleming
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shall also address, in his response to this order to show cause, the substantive arguments raised by
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Defendants in their respective motions.
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Mr. Fleming’s response shall be filed by May 26, 2016. Mr. Fleming is forewarned that
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a failure to timely file a response to this order to show cause shall result in a dismissal of this case
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with prejudice.
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IT IS SO ORDERED.
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Dated: May 12, 2016
______________________________________
EDWARD M. CHEN
United States District Judge
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For the Northern District of California
United States District Court
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