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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYNTHIA EPES,
Plaintiff,

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ORDER TO SHOW CAUSE

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v.

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CURTIS SIDDEN,
Defendant.

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United States District Court
Northern District of California

Case No. 21-cv-07716-EMC

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Plaintiff Cynthia L. Epes has filed suit against Defendant Curtis Sidden for breach of

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contract and common counts. On October 20, 2021, Mr. Sidden filed a motion to dismiss the

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claims or alternatively, to compel arbitration. Ms. Epes did not file an opposition within the

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timeframe provided for by the Civil Local Rules. See Civ. L.R. 7-3 (providing that “[t]he

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opposition must be filed and served not more than 14 days after the motion was filed”).

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Accordingly, the Court hereby orders Ms. Epes to show cause as to why her claims against Mr.

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Sidden should not be dismissed for failure to oppose the motion and/or failure to prosecute. Ms.

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Epes shall file her response to this order to show cause by December 6, 2021. In her response,

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she must also address the merits of Mr. Sidden’s motion to dismiss. Ms. Epes is forewarned that,

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if she does not file a response to this order to show cause by the date specified, then the Clerk of

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the Court shall automatically dismiss the claims against Mr. Sidden without prejudice.

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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.

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IT IS SO ORDERED.

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Dated: November 17, 2021

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______________________________________
EDWARD M. CHEN
United States District Judge

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United States District Court
Northern District of California

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