Le v. Montpelier Clinic et al

Filing 12

ORDER TO SHOW CAUSE. Show Cause Response due by 1/17/2025. Signed by Magistrate Judge Sallie Kim on 1/7/2025. (bxl, COURT STAFF) (Filed on 1/7/2025) (Mailed to pro se 1/7/2025) 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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THUY DIEM LE,
Plaintiff,

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE

v.
MONTPELIER CLINIC, et al.,
Defendants.

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Case No. 24-cv-08751-SK

On December 11, 2024, the United States filed a motion to dismiss and set the hearing on

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January 27, 2025. (Dkt. No. 7.) Pursuant to Northern District of California Local Rule 7-3(a),

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Plaintiff’s response was due by December 26, 2024. To date, Plaintiff has not filed an opposition

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brief. Accordingly, Plaintiff is HEREBY ORDERED TO SHOW CAUSE in writing by no later

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than January 17, 2025, why the Court should not dismiss Plaintiff’s claims for lack of prosecution

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or grant the United States’ motion as unopposed.

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If Plaintiff seeks to file an untimely opposition brief, Plaintiff must submit a request to do

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so showing good cause for the failure to comply with the deadline required by the Local Rules and

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must submit the proposed opposition brief along with the request. If Plaintiff fails to file a

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response to this Order to Show Cause by January 17, 2025, the Court will grant the United States’

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motion to dismiss as unopposed and/or dismiss Plaintiff’s claims for failure to prosecute without

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further notice.

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The Court VACATES the hearing on the motion to dismiss currently scheduled on January

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27, 2025, on the United States’ motion. If Plaintiff demonstrates good cause for the delay and

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seeks to oppose the United States’ motion to dismiss, the Court will provide the United States with

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an opportunity to file a reply and will reset the hearing on the motion to dismiss.

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

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

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

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It is available electronically online (https://perma.cc/ANQ4-N2ZT) or in hard copy free of charge

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from the Clerk’s Office. The Court additionally has a website with resources for pro se litigants

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(https://www.cand.uscourts.gov/pro-se-litigants/). The Court further advises Plaintiff that they

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also may wish to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help

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Center at 415-782-8982 or email [e-mail] for a free appointment with an attorney who

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may be able to provide basic legal help, but not legal representation.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: January 7, 2025
______________________________________
SALLIE KIM
United States Magistrate Judge

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