McCarthy v. Nash et al

Filing 11

ORDER TO SHOW CAUSE Show Cause Response due by 11/4/2016. Signed by Judge Haywood S. Gilliam, Jr. on 10/25/2016. (ndrS, COURT STAFF) (Filed on 10/25/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ROBERT MCCARTHY,

Case No. 16-cv-02312-HSG

Plaintiff,
8

ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 10

9
10

LITTIE B. NASH, et al.,
Defendants.

United States District Court
Northern District of California

11
12
On April 27, 2016, Plaintiff Robert McCarthy filed this action against Defendants Trustee

13
14

Littie B. Nash, Cappo Management XXVIII, and Joe Shaghasi, asserting violation of (1) the

15

Americans with Disabilities Act (“ADA”) and (2) California accessibility laws. Dkt. No. 1. On

16

April 28, 2016, the Court entered the standard scheduling order for cases asserting denial of right

17

of access under the ADA. Dkt. No. 4.

18

Under the scheduling order, the last day for Plaintiff to file a “Notice of Need for

19

Mediation” was September 21, 2016. Id. Plaintiff failed to file any notice, and on October 18,

20

2016, the Court ordered Plaintiff to show cause why he did not file a “Notice of Need for

21

Mediation” by the Court’s deadline. Dkt. No. 10. The order to show cause directed Plaintiff to

22

file a short statement of no more than two pages explaining the status of this action by October 21,

23

2016. Id. Plaintiff’s deadline to file a status report has passed, and Plaintiff has again failed to

24

comply with the Court’s deadline.

25

//

26

//

27

//

28

//

Accordingly, Plaintiff is ORDERED to show cause why the Court should not dismiss this

1
2

action for failure to prosecute. Plaintiff shall respond to this Order in a written statement of no

3

more than two pages by November 4, 2016. If Plaintiff fails to respond to this Order, the Court

4

will dismiss the action with prejudice under Federal Rule of Civil Procedure 41.
IT IS SO ORDERED.

5
6
7
8

Dated:

10/25/2016
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2