Welton v. Santa Rosa Community Health- Dutton Campus et al

Filing 15

ORDER TO SHOW CAUSE Plaintiff's Show Cause Response due by 7/1/2024. Signed by Judge Sallie Kim on 5/13/2024. (sklc2, COURT STAFF) (Filed on 5/13/2024)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 LANA WELTON, Plaintiff, 8 11 ORDER TO SHOW CAUSE v. 9 10 Case No. 24-cv-02236-SK SANTA ROSA COMMUNITY HEALTHDUTTON CAMPUS, et al., United States District Court Northern District of California Defendants. 12 13 On April 16, 2024, the Defendants removed this action from Small Claims Court of the 14 Superior Court of California, Sonoma County, to the District Court for the Northern District of 15 California. (Dkt. No. 1.) Shortly thereafter, Defendants consented to the jurisdiction of a 16 magistrate judge (Dkt. No. 5) and moved to dismiss Plaintiff’s Complaint for lack of jurisdiction, 17 with a hearing date of June 24, 2024. (Dkt. No. 6.) On May 2, 2024, the Court received returned 18 mail that had been mailed to Plaintiff using the address she had listed on her Complaint. (Dkt. No. 19 12; see Dkt. No. 1.) 20 Significantly, Plaintiff, who is proceeding pro se, then missed her opposition deadline of 21 May 6, 2024, to Defendants’ motion to dismiss. (See id.) Defendants filed a reply and 22 declaration, wherein they noted Plaintiff’s returned mail and outlined their efforts to communicate 23 with Plaintiff using an email address she had listed. (Dkt Nos. 13, 14.) 24 In light of the forgoing, the Court hereby ORDERS Plaintiff to SHOW CAUSE, in writing, 25 as to why this action should not be referred to a district judge with a recommendation that the case 26 be dismissed.1 Should Plaintiff wish to respond to Defendants’ motion to dismiss, she must do so 27 28 1 Plaintiff has missed several consent/declination deadlines (Dkt. Nos. 4, 9) and has a current deadline of May 20, 2024, to file consent or declination to the jurisdiction of a magistrate 1 at the same time she responds to this Order to show cause. Plaintiff shall have through July 1, 2 2024, to file her response, which is 60 days past the date of the Court first received returned mail 3 intended for Plaintiff. The Court admonishes Plaintiff that if she fails to file a response to this 4 Order to show cause, the Court will—without further warning—issue an order of reassignment 5 with a report and recommendation to dismiss this action for Plaintiff’s failure to notify the Court 6 of her current address. Civil L.R. 3-11(b). 7 8 motion to dismiss. Should Plaintiff adequately respond to the Order to show cause and provide an 9 opposition to Defendants’ motion, the Court will reset a hearing date at that time. 10 11 United States District Court Northern District of California Accordingly, the Court hereby vacates the June 24, 2024 hearing date on Defendants’ 12 13 Further, the Court orders that Defendants attempt to serve this Order on Plaintiff using the email method outlined in the Declaration of Jevechius Bernardoni. (Dkt. No. 14.) IT IS SO ORDERED. Dated: May 13, 2024 ______________________________________ SALLIE KIM United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 judge. (Dkt. No. 11.) 2

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