Bonner v. City & County of San Francisco et al

Filing 14

ORDER DISCHARGING 12 Order to Show Cause.Initial Case Management Conference set for 6/24/2014 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Joint Case Management Statement due by 6/17/2014. Signed by Judge Kandis A. Westmore on 4/21/2014. (kawlc1, COURT STAFF) (Filed on 4/21/2014)

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United States District Court
Northern District of California

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HARRY BONNER,
Plaintiff,

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v.
CITY AND COUNTY OF SAN
FRANCISCO, et al.,

Case No.: CV 13-04007-KAW
ORDER DISCHARGING ORDER TO
SHOW CAUSE; ORDER SETTING CASE
MANAGEMENT CONFERENCE FOR
JUNE 24, 2014

Defendants.
United States District Court
Northern District of California

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This case was filed on August 29, 2013. The initial case management was twice continued

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until March 25, 2014, because Plaintiff’s counsel had not served the complaint. (Dkt. No. 11.) On

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March 21, 2014, Plaintiff had not filed a certificate of service of the complaint and summons nor

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the required case management statement, so the Court issued an order to show cause why the case

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should not be dismissed for failure to prosecute. (Dkt. No. 12.)

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On April 4, 2014, Plaintiff filed a response to the order to show cause stating that it was

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the fault of counsel, rather than Plaintiff, that resulted in the complaint not being served. (Dkt. No.

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13.) Counsel further stated that he has been unavailable for medical reasons, and, most recently,

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was in Florida due to the death of a close family member. Id.

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Accordingly, the March 31, 2014 order to show cause is hereby discharged. The initial

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case management conference is continued until June 24, 2014, which should provide sufficient

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time for both the service of the complaint and for Defendants to file a responsive pleading. The

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Court will not entertain any further requests for a continuance based on Plaintiff’s failure to serve

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the complaint.

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IT IS SO ORDERED.
Dated: April 21, 2014

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge