Whitaker v. Giovannotto et al

Filing 47

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 10/6/2022 10:00 AM. Show Cause Response due by 9/21/2022. Signed by Judge Thomas S. Hixson on 9/15/2022. (tshlc1, COURT STAFF) (Filed on 9/15/2022)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 BRIAN WHITAKER, Plaintiff, 6 7 Case No. 21-cv-03142-TSH ORDER TO SHOW CAUSE v. 8 SALVATORE GIOVANNOTTO, et al., 9 Defendants. 10 United States District Court Northern District of California 11 On August 31, 2022, Defendants filed a motion to dismiss, with a noticed hearing date of 12 October 6, 2022. ECF No. 41. As Plaintiff failed to file an opposition pursuant to Civil Local 13 Rule 7, the Court hereby VACATES the motion hearing and ORDERS Plaintiff to show cause 14 why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for 15 failure to prosecute and failure to comply with court deadlines. Plaintiff shall file a declaration by 16 September 21, 2022. If a responsive declaration is filed, the Court shall either issue an order based 17 on the declaration or conduct a hearing on October 6, 2022 at 10:00 a.m. by Zoom video 18 conference. The webinar link and instructions are located at 19 https://cand.uscourts.gov/judges/hixson-thomas-s-tsh/. If Plaintiff intends to prosecute this matter, 20 he must file any opposition to Defendants’ motion by September 21, 2022. If Plaintiff files an 21 opposition, Defendants shall file any reply by September 29, 2022. 22 Notice is hereby provided that failure to file a written response will be deemed an 23 admission that Plaintiff does not intend to prosecute, and the case will likely be dismissed without 24 prejudice. Thus, it is imperative the Court receive a written response by the deadline above. 25 26 IT IS SO ORDERED. Dated: September 15, 2022 27 28 THOMAS S. HIXSON United States Magistrate Judge

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