Sutton v. City and County of San Francisco et al

Filing 91

ORDER TO SHOW CAUSE, Set/Reset Deadlines as to 87 MOTION for Summary Judgment. Show Cause Response due by 12/5/2012. Responses due by 12/5/2012.. Signed by Judge ARMSTRONG on 11/20/12. (lrc, COURT STAFF) (Filed on 11/21/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 SPENCER SUTTON, Case No: C 10-4563 SBA 8 Plaintiff, ORDER TO SHOW CAUSE 9 vs. 10 CITY AND COUNTY OF SAN 11 FRANCISCO, CHRISTOPHER M. MORRIS, CRAIG L. LEONG, STEVEN D. 12 FERRAZ, and DOES 1-25, inclusive, Defendants. 13 14 15 16 17 18 19 20 21 22 23 24 25 On October 1, 2012, Defendants City and County of San Francisco, Christopher M. Morris, Craig L. Leong, and Steven D. Ferraz (collectively, "Defendants") filed a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Dkt. 89. Under Civil Local Rule 7-3(a), Plaintiff Spencer Sutton's ("Plaintiff") opposition was due on October 18, 2012.1 To date, Plaintiff has not filed an opposition or statement of nonopposition to Defendants' motion as required by Civil Local Rule 7-3(b). Nor did Plaintiff attend the mandatory settlement conference scheduled for November 7, 2012. See Dkt. 90. An action may be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute or to comply with a Court Order. See Hells Canyon Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that a district court may dismiss an action pursuant to Rule 41(b) sua sponte for a plaintiff's 26 1 Under Civil Local Rule 7-3(a), any opposition to a motion must be filed and served not more than 14 days after the motion was filed. Where, as here, the motion was served by mail pursuant to Fed.R.Civ.P. 5(b)(2)(C), the deadline is extended by 3 days. N.D. Cal. 28 Civ. L.R. 7-3(a). 27 1 failure to prosecute or comply with a court order); Ferdick v. Bonzelet, 963 F.2d 1258, 2 1260 (9th Cir. 1992) ("the district court may dismiss an action for failure to comply with 3 any order of the court"). 4 Accordingly, 5 IT IS HEREBY ORDERED THAT: 6 1. Plaintiff shall show cause why the instant action should not be dismissed 7 under Rule 41(b) for failure to prosecute and failure to comply with a Court order. Within 8 fourteen (14) days from the date this order is filed, Plaintiff shall file a memorandum 9 explaining why this action should not be dismissed. The memorandum shall set forth the 10 reason Plaintiff failed to file a response to Defendants' motion for summary judgment, the 11 reason Plaintiff failed to attend the mandatory settlement conference, and any basis for 12 opposing summary judgment. Failure to fully comply with this Order will be deemed 13 sufficient grounds to dismiss the instant action without further notice. 14 15 16 17 2. Defendants shall notify the Court if Plaintiff fails to timely respond to this Order. IT IS SO ORDERED. Dated: 11/20/12 ________________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -2-

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