Darrimon v. Smith

Filing 20

SECOND ORDER TO SHOW CAUSE Show Cause Response due by 4/29/2016.. Signed by Judge Alsup on 4/14/2016. (whalc2, COURT STAFF) (Filed on 4/14/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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DIANE DARRIMON AND JOSH
DARRIMON,
Plaintiffs,

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No. C 16-00808 WHA

SECOND ORDER TO SHOW
CAUSE

v.
JEFF SMITH,
Defendant.
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Pro se defendant Jeff Smith removed this unlawful detainer action, originally filed in

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Lake County Superior Court, to federal court. Plaintiffs Diane and Josh Darrimon, who are

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represented by counsel, promptly filed a motion to remand, asserting that this unlawful detainer

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action did not raise any federal question and that the parties are not diverse. Defendant’s

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response to the remand motion was due on March 22, but nothing has been received. An order

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to show cause then issued, requesting that defendant, by April 11, file an opposition to the

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remand motion and state, in writing, why he failed to file a timely opposition (Dkt. No. 18).

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The OSC warned that failure to respond would result in the case being remanded to Lake

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County Superior Court.

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The due date has passed and no response to the OSC has been received. By NOON ON

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APRIL 29, 2016, defendant is hereby ordered to show cause, in writing, why he failed to file a

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timely opposition and why he failed to respond to the first OSC. By the same date, defendant

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must also file either an opposition to the motion to remand or a statement of non-opposition.

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Failure to respond, or to show sufficient cause as to why plaintiff did not file a timely

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opposition, will result in the case being remanded to Lake County Superior Court. The hearing

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set for April 21, 2016, is VACATED.

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IT IS SO ORDERED.

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Dated: April 14, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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