Siddqui et al v. City of Fremont Community Development Department-Planning Division et al

Filing 27

ORDER TO SHOW CAUSE. Show Cause Response due by 8/29/2016. Order to Show Cause Hearing set for 9/8/2016 at 09:00 AM, Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 8/25/2016. (ahm, COURT STAFF) (Filed on 8/25/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ABRAR ELAHI SIDDQUI, et al.,
Plaintiffs,

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ORDER TO SHOW CAUSE

v.

Re: Dkt. Nos. 10, 23
CITY OF FREMONT, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-02012-JSC

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Plaintiffs Abrar Siddqui and Rahila Khan bring this civil action against Defendants the

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City of Fremont and Leonard Powell as the Community Preservation Manager for City of

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Fremont. (Dkt. No. 1.) On June 20, 2016, Defendants filed a Motion to Dismiss pursuant to

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Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 10.) After Plaintiffs failed to file a response

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to the motion within the time allotted under Local Rule 7-3, the Court issued an Order directing

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Plaintiffs to file their opposition or statement of non-opposition by July 21, 2016. Plaintiffs

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failed to do so.

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The Court then issued an Order to Show Cause as to why the action should not be

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dismissed with prejudice for failure to prosecute pursuant Federal Rule of Civil Procedure 41(b).

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(Dkt. No. 19.) Plaintiffs responded to the Order to Show Cause contending that counsel “never

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received notification that the responsive pleading had been filed” and was thus “unaware of the

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filing of the motion to dismiss.” (Dkt. No. 20 at 1:26-27; 2:4-5.) In response, the Court issued an

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order noting that as a registered ECF user counsel would have received notice of each filing in

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this action; however, given that Defendants had not suggested that they had been prejudiced, the

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Court again reset the briefing schedule on the motion to dismiss. (Dkt. No. 22.) Five days after

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the Order resetting the briefing schedule, Defendants filed a Motion to Strike Plaintiffs’ State

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Law Causes of Action Pursuant to California’s Anti-SLAPP statute seeking attorneys’ fees and

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costs. (Dkt. No. 23.)

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Plaintiffs thereafter failed to file a response to either motion and the time has now run do

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so under Local Rule 7-3. Accordingly, Plaintiffs are again ordered to show cause as to why this

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action should not be dismissed for failure to prosecute under Federal Rules of Civil Procedure

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41(b). See Yourish v. California Amplifier, 191 F.3d 983, 991 (9th Cir. 1999). Plaintiffs shall file

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a written response to this order by August 29, 2016. Defendants may, but are not required to,

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file a reply by September 6, 2016. In addition, Plaintiffs and their counsel Brian Kemp

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Hilliard are ordered to personally appear and show cause in person on September 8, 2016 at
9:00 a.m. in Courtroom F, 450 Golden Gate Ave., San Francisco, California as to why this

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United States District Court
Northern District of California

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action should not be dismissed with prejudice for failure to prosecute. Defendants’ counsel

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may contact Court Call at 1-888-882-6878 to make arrangements to appear at the Order to Show

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Cause hearing by telephone.

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If Plaintiffs fail to either respond to this Court’s Order or appear on September 8,

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2016 this action may be dismissed for failure to prosecute and Plaintiffs’ counsel will be

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referred to the Northern District’s Standing Committee on Professional Conduct pursuant

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to Local Rule 11-6(a).

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The Case Management Conference Scheduled for September 1, 2016 is VACATED
pending disposition of this Order to Show Cause.

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IT IS SO ORDERED.
Dated: August 25, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ABRAR ELAHI SIDDQUI, et al.,

Case No. 16-cv-02012-JSC

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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CITY OF FREMONT, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 25, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Brian Kemp Hilliard
Hilliard & Porrino, P.C.
3911 Harrison Street
Oakland, CA 94611

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Dated: August 25, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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