Gavin v. Arntz et al

Filing 17

Order to show cause. Signed by Judge Hamilton on 5/31/2013. (pjhlc2, COURT STAFF) (Filed on 5/31/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYNN GAVIN,
Plaintiff,

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v.

ORDER TO SHOW CAUSE

JOHN ARNTZ, et al.

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For the Northern District of California

United States District Court

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No. C 13-0056 PJH

Defendants.
_______________________________/

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Plaintiff filed the complaint in this matter on January 4, 2013, and filed an application

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for leave to proceed in forma pauperis (“IFP”) and an application for a temporary restraining

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order (“TRO”) on the same day. The court held a hearing on plaintiff’s TRO application on

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January 8, 2013, which was denied, based on the lack of factual allegations supporting

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plaintiff’s claims. The court did, however, grant plaintiff’s IFP request.

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The court then scheduled a case management conference, which was continued at

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plaintiff’s request to May 30, 2013. Plaintiff did not file a case management statement, and

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did not appear at the case management conference.

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However, counsel for defendant Parkmerced Investors Properties LLC

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(“Parkmerced”) did appear at the case management conference, and informed the court

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that plaintiff’s complaint in this case may be duplicative of a previous case filed by plaintiff

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in this court. See Gavin v. Parkmerced, No. C 12-5864 RS (filed Nov. 15, 2012; and

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dismissed Apr. 29, 2013).

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Accordingly, plaintiff is ordered to show cause why the case should not be dismissed

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for failure to prosecute pursuant to Fed. R. Civ. P. 41, and to show that this case involves

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issues that were not already litigated in the previous Gavin v. Parkmerced case. Plaintiff

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must file a response to this order by June 17, 2013. Any defendant may file a response to

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plaintiff’s response to the OSC no later than June 24, 2013. A hearing on the order to

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show cause will be held on June 27, 2013 at 2:00 pm. Plaintiff must appear at the hearing.

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IT IS SO ORDERED.
Dated: May 31, 2013
______________________________
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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