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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANGELINA SANCHEZ, et al.,

Case No. 16-cv-00750-JCS

Plaintiffs,
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v.

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED

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ARRIBA JUNTOS,
Defendant.

United States District Court
Northern District of California

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Plaintiff Angelina Sanchez brought this action on behalf of the United States and the City

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and County of San Francisco pursuant to the state and federal False Claims Acts. The Court

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recently granted Sanchez’s attorneys’ request to withdraw as counsel.

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Because a qui tam plaintiff under the False Claims Act represents the interests of the

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government, and because an adverse result in such an action would be binding on the government,

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a plaintiff may not proceed on such a claim without counsel. Stoner v. Santa Clara Cty. Office of

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Educ., 502 F.3d 1116, 1126−28 (9th Cir. 2007). Where a qui tam plaintiff lacks counsel, a court

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should allow the plaintiff a “reasonable time to find counsel,” but must dismiss the action without

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prejudice to the government if the plaintiff fails to retain counsel. Id. at 1128.

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Sanchez is therefore ORDERED TO SHOW CAUSE no later than May 5, 2017 why this

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action should not be dismissed for failure to appear through counsel. Sanchez must appear for a

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hearing on this order at 2:00 PM on May 5, 2017 in Courtroom G. This order to show cause will

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be expunged if new counsel for Sanchez enters an appearance before that date.

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IT IS SO ORDERED.
Dated: February 27, 2017
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JOSEPH C. SPERO
Chief Magistrate Judge