Epes v. Sidden

Filing 27

ORDER TO SHOW CAUSE. Show Cause Response due by 12/6/2021. Motion hearing re #18 Motion to Dismiss set for 12/9/2021 temporarily vacated. Signed by Judge Edward M. Chen on 11/17/2021. (afm, COURT STAFF) (Filed on 11/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CYNTHIA EPES, Plaintiff, 8 ORDER TO SHOW CAUSE 9 v. 10 CURTIS SIDDEN, Defendant. 11 United States District Court Northern District of California Case No. 21-cv-07716-EMC 12 13 Plaintiff Cynthia L. Epes has filed suit against Defendant Curtis Sidden for breach of 14 15 contract and common counts. On October 20, 2021, Mr. Sidden filed a motion to dismiss the 16 claims or alternatively, to compel arbitration. Ms. Epes did not file an opposition within the 17 timeframe provided for by the Civil Local Rules. See Civ. L.R. 7-3 (providing that “[t]he 18 opposition must be filed and served not more than 14 days after the motion was filed”). 19 Accordingly, the Court hereby orders Ms. Epes to show cause as to why her claims against Mr. 20 Sidden should not be dismissed for failure to oppose the motion and/or failure to prosecute. Ms. 21 Epes shall file her response to this order to show cause by December 6, 2021. In her response, 22 she must also address the merits of Mr. Sidden’s motion to dismiss. Ms. Epes is forewarned that, 23 if she does not file a response to this order to show cause by the date specified, then the Clerk of 24 the Court shall automatically dismiss the claims against Mr. Sidden without prejudice. 25 /// 26 /// 27 /// 28 /// 1 2 In light of this order to show cause, the hearing on the Defendant’s motion to dismiss, which was set for December 9, 2021, is temporarily VACATED. 3 4 IT IS SO ORDERED. 5 6 Dated: November 17, 2021 7 8 9 ______________________________________ EDWARD M. CHEN United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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