Swapna v. Deshraj

Filing 66

ORDER TO SHOW CAUSE TO PLAINTIFF. Show Cause Response due by 2/14/2018.. Signed by Magistrate Judge Jacqueline Scott Corley on 2/7/2018. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 2/7/2018)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 ARUNASREE SWAPNA, Plaintiff, United States District Court Northern District of California 11 12 13 14 Case No.16-cv-05482-JSC ORDER TO SHOW CAUSE TO PLAINTIFF v. UDAY KRISHNA DESHRAJ, Defendant. 15 16 Plaintiff Arunasree Swapna filed this action alleging state law privacy and tort claims 17 against her ex-husband Defendant Uday Krishna Deshraj in September 2016. (Dkt. No. 1.) 18 Although Plaintiff was initially represented by counsel, the Court granted her counsel’s motion to 19 withdraw on July 11, 2017. (Dkt. No. 33.) At a subsequent Case Management Conference, the 20 Court referred the parties for a Settlement Conference before Magistrate Judge James at her 21 earliest convenience. (Dkt. No. 51.) The Settlement Conference was set for October 25, 2017. 22 (Dkt. No. 52.) Defendant’s counsel thereafter moved to withdraw because Defendant wished to 23 represent himself. (Dkt. No. 55.) The Court granted the motion, and shortly thereafter, Defendant 24 filed a motion to dismiss and for summary judgment. (Dkt. Nos. 56, 59.) Because the parties had 25 previously agreed to have dispositive motions heard after their Settlement Conference, the Court 26 vacated the hearing date and ordered that the briefing schedule would be reset if necessary 27 following the Settlement Conference. (Dkt. No. 61.) 28 On October 23, 2017, Plaintiff notified Judge James that she would not appear for her 1 Settlement Conference scheduled for October 25. (Dkt. No. 63.) Judge James issued an order 2 continuing the settlement conference to February 6, 2018. (Id.) The court stated in relevant part: 3 Plaintiff is ORDERED by the Court to appear for the Settlement Conference on February 6, 2018. She will not be excused. Plaintiff does not have counsel and the settlement cannot go forward without her presence. If Plaintiff does not appear at the Settlement Conference, in person, the Court shall issue an Order to Show. 4 5 6 7 8 9 (Id.) On February 6, 2018, Defendant appeared for the Settlement Conference, but Plaintiff did not do so despite the Court’s order that she appear in person. (Dkt. Nos 63, 65.) Accordingly, Plaintiff is ORDERED TO SHOW CAUSE as to why this action should not be dismissed for failure to prosecute and why she should not otherwise be sanctioned for failure to 11 United States District Court Northern District of California 10 appear at the mandatory Settlement Conference. See Fed. R. Civ. Pro. 41(b). Plaintiff shall show 12 cause in writing on or before February 14, 2018. 13 Defendant shall submit a statement detailing his expenses, if any, based on appearing for 14 the Settlement Conference on February 6, 2018. Defendant shall submit such a statement on or 15 before February 14, 2018. 16 In light of Plaintiff’s failure to participate in the mandatory Settlement Conference, the 17 Court VACATES its prior Order staying Defendant’s motion to dismiss and for summary 18 judgment until after the Settlement Conference. Plaintiff’s opposition to the motion is now due 19 February 21, 2018. Defendant’s reply if any is due February 28, 2018. The Court will take the 20 matter under submission upon completion of the briefing and notify the parties whether a hearing 21 is necessary. 22 If Plaintiff fails to respond to this Order, this action may be dismissed without further 23 notice and she may be ordered to pay Defendant’s costs related to the February 6, 2018 Settlement 24 Conference. 25 26 IT IS SO ORDERED. Dated: February 7, 2018 27 JACQUELINE SCOTT CORLEY United States Magistrate Judge 28 2

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