Waugh et al v. Harrington et al

Filing 9

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 3/22/2012 02:00 PM. Signed by Judge Phyllis J. Hamilton on 3/9/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 3/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFF WAUGH, et al.,
Plaintiff(s),

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v.

ORDER TO SHOW CAUSE

SCOTT HARRINGTON, et al.,

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For the Northern District of California

United States District Court

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No. C 11-5602 PJH

Defendant(s).
_______________________________/

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Plaintiffs filed the complaint in this matter on November 18, 2011 against eight

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individual defendants, the County of Marin and the Marin County Sheriff’s Office. On the

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same day a scheduling order scheduled the initial case management conference for

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February 28, 2012 before Magistrate Judge Laporte. Pursuant to plaintiff’s request the

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matter was reassigned to the undersigned district judge on February 6, 2012 and by order

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entered on February 16, 2012, the case management conference was continued to March

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8, 2012.

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Plaintiffs did not file a case management statement as ordered, nor did they appear

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at the case management conference as ordered. Moreover, the docket does not reflect

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that a summons was issued for any defendant or that any defendant has been served with

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the complaint and summons. A “proof of service” was filed by plaintiffs that does not

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specify what, if any, documents were served by Sidney Austin on “District Attorney Rm 113

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and Sherif [sic] Rm [not stated], 3501 Civic Center Dr San Rafael, CA.”

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Accordingly, plaintiffs Jeff Waugh, Lyra Waugh and Eric Stahl are hereby ordered to

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show cause (“OSC”) why the case should not be dismissed for failure to prosecute

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pursuant to Fed. R. Civ. P. 41 or for failure to serve pursuant to Fed. R. Civ. P. 4. A

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hearing on the OSC will be held on March 22, 2012, at 2:00 p.m. If plaintiffs fail to appear

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or to show cause, the case will be dismissed.

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IT IS SO ORDERED.
Dated: March 9, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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