Silverman v. The City and County of San Francisco et al

Filing 129

ORDER TO SHOW CAUSE Show Cause Response due by 7/25/2013.. Signed by Judge ARMSTRONG on 7/11/13. (lrc, COURT STAFF) (Filed on 7/11/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 OAKLAND DIVISION 7 8 9 JACOB SILVERMAN, Plaintiff, 10 11 Case No: C 11-1615 SBA ORDER TO SHOW CAUSE RE DISMISSAL vs. THE CITY AND COUNTY OF SAN 12 FRANCISCO et. al., 13 Defendants. 14 15 This Court previously scheduled a telephonic Case Management Conference for July 16 10, 2013, and ordered Plaintiff to file a Joint Case Management Conference Statement no 17 less than seven days in advance of the conference. Dkt. 124. Plaintiff failed to file the joint 18 statement as ordered, and failed to set up the conference call for the Case Management 19 Conference and contact the Court at the scheduled date and time. The failure to comply 20 with a Court order is grounds for dismissal of this action under Federal Rule of Civil 21 Procedure 41(b).1 See Ferdick v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). 22 Accordingly, 23 IT IS HEREBY ORDERED THAT Plaintiff shall show cause why the instant action 24 should not be dismissed without prejudice under Rule 41(b) for failure to comply with a 25 Court order. Within fourteen (14) days of the date this order is filed, Plaintiff shall file a 26 1 The Court notes that it has previously warned Plaintiff of the consequences of failing to comply with a Court order. In an order dated June 17, 2013, the Court expressly warned Plaintiff that "the failure to comply with . . . any order of this Court, may result in 28 the imposition of sanctions, up to and including the dismissal of this lawsuit." Dkt. 125. 27 1 2 3 declaration with the Court explaining why this case should not be dismissed. Failure to comply with this order will be deemed sufficient grounds to dismiss the action without further notice. 4 5 6 IT IS SO ORDERED. Dated: 7/11/13 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 SILVERMAN et al, Plaintiff, 6 7 8 9 10 v. THE CITY AND COUNTY OF SAN FRANCISCO ET AL et al, Defendant. / 11 12 Case Number: CV11-01615 SBA 13 CERTIFICATE OF SERVICE 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 16 17 18 That on July 11, 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. 19 20 21 22 23 Jacob Silverman c/o Brendan Hallinan 345 Franklin Street San Francisco, CA 94102 24 25 Dated: July 11, 2013 Richard W. Wieking, Clerk 26 By: Lisa Clark, Deputy Clerk 27 28 -3-

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