Johnson v. City and County of San Francisco

Filing 21

ORDER TO SHOW CAUSE (Illston, Susan) (Filed on 8/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL W. JOHNSON,

Case No. 16-cv-02913-SI

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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CITY AND COUNTY OF SAN
FRANCISCO,

Re: Dkt. No. 22

Defendant.

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United States District Court
Northern District of California

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Defendant’s motion for judgment on the pleadings is scheduled for a hearing on September

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27, 2016. Plaintiff's opposition to the motion was due August 26, 2016. Plaintiff did not file an

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opposition, and plaintiff has taken no action in this case since defendant filed its motion.

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Defendant’s motion states that prior to removal the state court sustained a demurrer to the original

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complaint, and plaintiff requested leave to file an amended complaint. Defendant’s motion argues

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that the first amended complaint (“FAC”) fails to state a claim under the Americans with

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Disabilities Act because the FAC does not allege any facts in support of that claim. The FAC is a

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state form complaint that contains no attachments or statement of facts.

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The Court hereby VACATES the September 27, 2016 hearing. Plaintiff is ORDERED TO

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SHOW CAUSE in writing no later than September 7, 2016, why this case should not be dismissed

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

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plaintiff fails to respond to this order, the Court will dismiss this case with prejudice. If

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plaintiff wishes to prosecute this case, he must so inform the Court and the Court will set a

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new briefing schedule and hearing on defendant's motion for judgment on the pleadings.

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IT IS SO ORDERED.
Dated: August 29, 2016

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SUSAN ILLSTON
United States District Judge