Burnett v. Frayne et al

Filing 108

ORDER TO SHOW CAUSE Show Cause Response due by 5/17/2013.. Signed by Judge ARMSTRONG on 5/3/13. (lrc, COURT STAFF) (Filed on 5/3/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 OMARR L. BURNETT,

Plaintiff,

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Case No: C 09-4693 SBA
ORDER TO SHOW CAUSE RE
DISMISSAL

vs.

9 DEPUTY FRAYNE, et al.,
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Defendants.

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On April 25, 2013, the Court conducted a telephonic Case Management Conference

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in this action. Dkt. 107. Plaintiff, who is pro se, did not appear due to Defendants’

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counsel’s inability to contact Plaintiff at the telephone number he had provided. The Court

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therefore continued the matter to May 2, 2013. In addition, the Court instructed Defendants

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to again attempt to contact Plaintiff by telephone and to mail him a letter indicating that the

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Case Management Conference had been moved to May 2, 2013.

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On May 2, 2013, Defendants’ counsel called in for the Case Management

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Conference and indicated that Plaintiff’s telephone number had been disconnected.

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Counsel also confirmed that he had sent Plaintiff a letter notifying him the new date for the

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Case Management Conference, but that he had not heard back from Plaintiff. Given

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Plaintiff’s failure to comply with the Court’s orders to appear for the aforementioned Case

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Management Conferences, the instant action is subject to dismissal for failure to prosecute

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under Federal Rule of Civil Procedure 41(b). See Ferdik v. Bonzelet, 963 F.2d 1258, 1260

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(9th Cir. 1992). Accordingly,

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IT IS HEREBY ORDERED THAT the parties shall show cause why the instant

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action should not be dismissed under Rule 41(b) for failure to comply with a Court order.

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Within fourteen (14) days of the date this order is filed, the parties shall file a Certificate of

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Counsel to explain why the case should or should not be dismissed. The Certificate shall

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set forth the nature of the cause, its present status, the reason it has not been brought to trial

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or otherwise terminated, any basis for opposing dismissal and its expected course if not

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dismissed. FAILURE TO FULLY COMPLY WITH THIS ORDER WILL BE DEEMED

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SUFFICIENT GROUNDS TO DISMISS THE ACTION, WITHOUT FURTHER

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NOTICE.

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IT IS SO ORDERED.
Dated: May 2, 2013

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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OMARR L. BURNETT,

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Plaintiff,
v.
FRAYNE et al,
Defendant.
/

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Case Number: CV09-04693 SBA

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CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 3, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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O’Marr L. Burnett
9949 Lawlor Street
Oakland, CA 94605
Dated: May 3, 2013
Richard W. Wieking, Clerk

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By: Lisa Clark, Deputy Clerk
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