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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 TANYA STUTSON, 7 8 9 10 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. 11 Northern District of California United States District Court 12 On April 25, 2012, when the Court Granted Defendants’ Motion to Dismiss, Plaintiff was 13 given leave to amend her claims against the Bureau of Prisons and the Doe Defendants under (1) the 14 Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401; and (2) Bivens v. Six Unknown Agents of 15 Federal Bureau of Narcotics, 403 U.S. 388 (1971) (“Bivens”), for injuries relating to an alleged 16 sexual assault in September 2006. 17 In September 2012, Plaintiff filed an amended complaint alleging that from 1996 to 2010, 18 former wardens at the Federal Correctional Institution in Dublin, California, its Chief Medical 19 Administrator, and Plaintiff’s doctors conspired to conceal her lupus diagnosis and failed to provide 20 proper medical treatment. Plaintiff was not granted leave to allege these claims. 21 As set forth below, the Court is considering certain action. However, before proceeding with 22 such action, Plaintiff will have an opportunity to respond as set forth herein. Accordingly, by no later 23 than Friday, December 7, 2012, Plaintiff is ORDERED TO SHOW CAUSE: 24 25 26 (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 27 complaint against the Bureau of Prisons and the Doe Defendants for injuries relating to a sexual 28 assault that occurred in September 2006; and 1 (3) whether Plaintiff’s claims should be dismissed for failure to file an administrative claim . 2 Plaintiff shall respond to the Order to Show Cause by filing a written response on each of the three 3 issues listed by no later than Friday, December 7, 2012. Defendant may file a written response by 4 Friday, December 14, 2012. 5 A hearing on this Order to Show Cause will be held on Friday, December 21, 2012 on the 6 Court’s 9:01 a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in 7 Courtroom 5. Parties may appear by telephone at the hearing. To arrange to appear by telephone, 8 each party must contact Frances Stone, the Courtroom Deputy, at 510/637-3540. 9 Failure to file a written response or to appear at the hearing (in person or by telephone) will be 10 deemed an admission that no good cause exists, that the amended complaint should be stricken, and 11 this case should be dismissed. Northern District of California United States District Court 12 The hearing on Defendant’s Motion to Dismiss set for December 18, 2012 is VACATED. 13 IT IS SO ORDERED. 14 15 16 Date: November 16, 2012 ________________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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