Gavin v. Arntz et al
Filing
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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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