Ballestrasse v. Sessions

Filing 163

ORDER to Show Cause and Continuing Pretrial Conference. Signed by Judge Sallie Kim on January 13, 2020. (sklc1S, COURT STAFF) (Filed on 1/13/2020)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

PAUL A. BALLESTRASSE,
Plaintiff,

8

ORDER TO SHOW CAUSE FOR
FAILURE TO PROSECUTE

9

v.

10

WILLIAM BARR,

11

United States District Court
Northern District of California

Case No. 17-cv-01875-SK

12

Defendant.

Regarding Docket No. 159

On December 4, 2019, the Court denied a motion filed by Wendy E. Musell and Stewart

13

and Musell, LLP to vacate the hearing on their pending motion to withdraw as counsel for Plaintiff

14

Paul Ballestrasse. The Court specifically ordered that both Plaintiff and his counsel personally

15

appear at the hearing scheduled for December 30, 2019. (Dkt. No. 157.)

16

On December 30, 2019, Plaintiff failed to appear at the hearing. The Court granted the

17

motion to withdraw on the condition that Stewart and Musell continue to accept service of papers

18

and forward them to Plaintiff until he files a substitution of counsel. (Dkt No. 159.) The Court

19

scheduled a further case management conference on January 13, 2020. The Court ordered Stewart

20

and Musell to serve a copy of the order granting the motion to withdraw and setting the further

21

case management conference by January 2, 2020.

22

Plaintiff failed to appear at the case management conference held on January 13, 2020.

23

Therefore, the HEREBY ORDERS Plaintiff TO SHOW CAUSE why this case should not be

24

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

25

shall file a written response to this Order to Show Cause (“OSC”) by no later than January 22,

26

2020. The Court admonishes Plaintiff that he has an obligation to comply with the Court’s orders

27

and deadlines. If he fails to file a timely response, the Court will consider dismissing this case

28

based on his failure to prosecute.

The Court FURTHER ORDERS that pretrial conference is CONTINUED to February 24,

1
2

2020 at 2:30 p.m. The Court notes that the deadlines for meeting and conferring on and serving

3

motions in limine as set forth in the Case Management and Pretrial Order (Dkt. No. 34) have

4

already passed. Although the Court is continuing the pretrial conference, this Order does not reset

5

the clock for the deadlines on motions in limine. If Plaintiff responds to this OSC and seeks to

6

move to exclude evidence, he must promptly seek leave to extend the deadlines regarding motions

7

in limine and demonstrate good cause for his delay.
The deadline for the parties to meet and confer regarding their preparation of the joint

8
9

pretrial conference statement and preparation and exchange of pretrial materials to be filed
(including jury instructions, verdict forms and voir dire) as set forth in the Case Management and

11

United States District Court
Northern District of California

10

Pretrial Order is CONTINUED to January 27, 2020.

12

The Court advises Plaintiff that the district court has produced a guide for pro se litigants

13

called Representing Yourself in Federal Court: A Handbook for Pro Se Litigants, which provides

14

instructions on how to proceed at every stage of your case, including discovery, motions, and trial.

15

It is available electronically online (http://cand.uscourts.gov/prosehandbook) or in hard copy free

16

of charge from the Clerk’s Office. The Court again advises Plaintiff that he also may wish to seek

17

assistance from the Legal Help Center. Plaintiff may call the Legal Help Center at [phone]

18

for a free appointment with an attorney who may be able to provide basic legal help, but not legal

19

representation.
Stewart & Musell shall serve a copy of this Order on Plaintiff by no later than January 14,

20
21
22
23
24
25

2020.

IT IS SO ORDERED.
Dated: January 13, 2020
______________________________________
SALLIE KIM
United States Magistrate Judge

26
27
28
2