Fletcher et al v. City and County of San Francisco et al

Filing 24

ORDER TO SHOW CAUSE. Show Cause Response due by 10/31/2016. Joint Case Management Statement due by 11/23/2016. Further Case Management Conference set for 12/1/2016 at 01:30 PM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 10/24/2016. (ahm, COURT STAFF) (Filed on 10/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVONNE FLETCHER, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 16-cv-01046-JSC
ORDER TO SHOW CAUSE

v.
CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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Plaintiffs bring this civil rights case against Defendants for the wrongful death of Alvin

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Haynes. (Dkt. No. 1.) On August 10, 2016, Defendants filed a motion to dismiss the complaint

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pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (Dkt. Nos. 17,

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18.) The parties thereafter stipulated to the withdrawal of Defendants’ motion to dismiss and to

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allowing Plaintiffs to file a new amended complaint, with the Court’s permission. (Dkt. No. 21.)

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The Court entered the parties’ stipulation on August 23, 2016, with a deadline for Plaintiffs to file

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a new complaint on September 6, 2016. (Dkt. No. 22.) Plaintiffs failed to file a new complaint.

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And the parties failed to submit a joint case management conference statement on October 20,

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2016 as required. (Dkt. No. 23.)

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Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE as to why this action should

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not be dismissed for failure to prosecute pursuant Federal Rule of Civil Procedure 41(b).

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Plaintiffs shall file a written response to this Order by October 28, 2016. Failure to respond to this

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Order will result in the dismissal of this action. See Yourish v. California Amplifier, 191 F.3d 983,

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991 (9th Cir. 1999).

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The October 27, 2016 case management conference is VACATED. A case management

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conference is scheduled for December 1, 2016 at 1:30 p.m. The parties shall submit a joint case

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management conference statement one week prior.
IT IS SO ORDERED.
Dated: October 24, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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