Stutson v. Bureau of Prisons

Filing 65

ORDER TO SHOW CAUSE WHY AMENDED COMPLAINT SHOULD NOT BE STRICKEN Order to Show Cause Hearing set for 12/21/2012 09:01 AM. Show Cause Response by Plaintiff is due by 12/7/2012; Defendant may file written response by 12/14/2012. The 12/18/2012 Hearing date is vacated. Signed by Judge Yvonne Gonzalez Rogers on 11/16/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/16/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TANYA STUTSON,

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Plaintiff,
vs.

Case No.: 11-CV-03979 YGR
ORDER TO SHOW CAUSE WHY AMENDED
COMPLAINT SHOULD NOT BE STRICKEN FOR
ASSERTING NEW CLAIMS WITHOUT LEAVE
OF COURT

WARDEN REED et al.,
Defendants.

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Northern District of California

United States District Court

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On April 25, 2012, when the Court Granted Defendants’ Motion to Dismiss, Plaintiff was

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given leave to amend her claims against the Bureau of Prisons and the Doe Defendants under (1) the

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Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401; and (2) Bivens v. Six Unknown Agents of

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Federal Bureau of Narcotics, 403 U.S. 388 (1971) (“Bivens”), for injuries relating to an alleged

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sexual assault in September 2006.

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In September 2012, Plaintiff filed an amended complaint alleging that from 1996 to 2010,

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former wardens at the Federal Correctional Institution in Dublin, California, its Chief Medical

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Administrator, and Plaintiff’s doctors conspired to conceal her lupus diagnosis and failed to provide

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proper medical treatment. Plaintiff was not granted leave to allege these claims.

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As set forth below, the Court is considering certain action. However, before proceeding with

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such action, Plaintiff will have an opportunity to respond as set forth herein. Accordingly, by no later

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than Friday, December 7, 2012, Plaintiff is ORDERED TO SHOW CAUSE:

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(1) why the Amended Complaint should not be stricken for alleging new claims against new
defendants without leave of Court;
(2) whether Plaintiff has abandoned the Bivens and FTCA claims alleged in Plaintiff’s original

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complaint against the Bureau of Prisons and the Doe Defendants for injuries relating to a sexual

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assault that occurred in September 2006; and

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(3) whether Plaintiff’s claims should be dismissed for failure to file an administrative claim .

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Plaintiff shall respond to the Order to Show Cause by filing a written response on each of the three

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issues listed by no later than Friday, December 7, 2012. Defendant may file a written response by

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Friday, December 14, 2012.

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A hearing on this Order to Show Cause will be held on Friday, December 21, 2012 on the

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Court’s 9:01 a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in

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Courtroom 5. Parties may appear by telephone at the hearing. To arrange to appear by telephone,

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each party must contact Frances Stone, the Courtroom Deputy, at 510/637-3540.

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Failure to file a written response or to appear at the hearing (in person or by telephone) will be

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deemed an admission that no good cause exists, that the amended complaint should be stricken, and

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this case should be dismissed.

Northern District of California

United States District Court

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The hearing on Defendant’s Motion to Dismiss set for December 18, 2012 is VACATED.

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IT IS SO ORDERED.

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Date: November 16, 2012
________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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