Sparks-Magdaluyo v. New Penn Financial, LLC

Filing 88

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. Show Cause Response due by 11/16/2018. Signed by Judge Richard Seeborg on 10/24/18. (cl, COURT STAFF) (Filed on 10/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHYLLIS SPARKS-MAGDALUYO, et al.,

Case No. 16-cv-04223-RS

United States District Court
Northern District of California

Plaintiffs,
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v.
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NEW PENN FINANCIAL, LLC,

ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE
DISMISSED

Defendant.
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Plaintiffs in this action originally appeared in pro se. Counsel recently filed a notice of

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appearance in this matter, stating that he represents plaintiff Phyllis Sparks-Magdaluyo.

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Subsequently counsel filed on behalf of Ms. Sparks-Magdaluyo a notice of dismissal of “the

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lawsuit.” While is unclear whether counsel also represents plaintiff Melecio Magdaluyo and

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intended to dismiss the entire action, there is no indication Melecio Magdaluyo is otherwise

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continuing to prosecute this action.

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Accordingly, if Melecio Magdaluyo intends to pursue his claims in this case, whether

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through counsel or in pro se, no later than November 16, 2018 he must file a written notice so

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stating. In the event Melecio Magdaluyo does not respond to this order, his claims will be

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dismissed and the case closed without further notice.

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IT IS SO ORDERED.

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Dated: October 24, 2018
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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CASE NO.

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16-cv-04223-RS