Sumera v. Holder et al
Filing
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ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Show Cause Response due by 10/18/2013 at 5:00 p.m.. Signed by Judge Kandis A. Westmore on October 4, 2013. (kawlc2, COURT STAFF) (Filed on 10/4/2013)
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United States District Court
Northern District of California
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RUBEN SUMERA,
Plaintiff,
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v.
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ERIC HOLDER, et al.,
Case No.: CV 13-01950-KAW
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
Defendants.
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United States District Court
Northern District of California
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The initial case management conference in this case was scheduled to take place on July
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30, 2013. That initial case management conference was continued to August 6, 2013.
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On July 30, 2013, Plaintiff requested an extension of time to serve the defendants in this
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case. (Dkt. No. 8). In the request, Plaintiff indicated that the summons and complaint were out
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for service. (Id.) Plaintiff also requested that the court continue the initial case management
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conference set for August 6, 2013. (Id.)
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On August 1, 2013, the court granted Plaintiff's request. (Dkt. No. 9). The court
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continued the initial case management conference to October 8, 2013 and set October 1, 2013 as
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the deadline for the parties' joint case management conference statement. (Id.) The court also
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extended the deadline for service on the defendants to August 31, 2013. (Id.) As of the date of
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this order, Plaintiff has not filed proof of service of the complaint and summons or filed the
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required case management statement. Nor has Plaintiff contacted the court to explain what is
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going on in the case, to request more time, or to otherwise prosecute the case.
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The court hereby orders Plaintiff to show cause why this case should not be dismissed for
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failure to prosecute. Plaintiff shall file a written response to this order to show cause by Friday,
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October 18, 2013 at 5:00 p.m. The initial case management conference currently set for October
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8, 2013 is hereby vacated.
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IT IS SO ORDERED.
Dated: October 4, 2013
___________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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United States District Court
Northern District of California
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