Sanchez et al v. Arriba Juntos

Filing 27

ORDER TO SHOW CAUSE why case should not be dismissed for failure to appear through counsel. Plaintiff shall appear at a show cause hearing on May 5, 2017 at 2:00 PM unless this order is expunged before that date. Signed by Chief Magistrate Judge Joseph C. Spero on February 27, 2017. (jcslc2S, COURT STAFF) (Filed on 2/27/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANGELINA SANCHEZ, et al., Case No. 16-cv-00750-JCS Plaintiffs, 8 v. ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED 9 10 ARRIBA JUNTOS, Defendant. United States District Court Northern District of California 11 12 Plaintiff Angelina Sanchez brought this action on behalf of the United States and the City 13 and County of San Francisco pursuant to the state and federal False Claims Acts. The Court 14 recently granted Sanchez’s attorneys’ request to withdraw as counsel. 15 Because a qui tam plaintiff under the False Claims Act represents the interests of the 16 government, and because an adverse result in such an action would be binding on the government, 17 a plaintiff may not proceed on such a claim without counsel. Stoner v. Santa Clara Cty. Office of 18 Educ., 502 F.3d 1116, 1126−28 (9th Cir. 2007). Where a qui tam plaintiff lacks counsel, a court 19 should allow the plaintiff a “reasonable time to find counsel,” but must dismiss the action without 20 prejudice to the government if the plaintiff fails to retain counsel. Id. at 1128. 21 Sanchez is therefore ORDERED TO SHOW CAUSE no later than May 5, 2017 why this 22 action should not be dismissed for failure to appear through counsel. Sanchez must appear for a 23 hearing on this order at 2:00 PM on May 5, 2017 in Courtroom G. This order to show cause will 24 be expunged if new counsel for Sanchez enters an appearance before that date. 25 26 27 28 IT IS SO ORDERED. Dated: February 27, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge

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