Elliott v. The Department of Veterens Affairs

Filing 28

ORDER TO SHOW CAUSE Show Cause Response due by 8/20/2014.. Signed by Judge JEFFREY S. WHITE on 8/11/14. (jjoS, COURT STAFF) (Filed on 8/11/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VANCE S. ELLIOTT,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-02678 JSW

v.
DEPARTMENT OF VETERANS,

ORDER TO SHOW CAUSE

Defendant.
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This matter is set for a hearing on September 5, 2014 on the motion to dismiss filed by

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defendant United States Department of Veterans Affairs. Pursuant to Local Civil Rule of the

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Northern District 7-3, plaintiff Vance S. Elliot’s opposition or statement of non-opposition was

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due to be filed and served by July 31, 2014. To date, Plaintiff has not filed any opposition or

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statement of non-opposition.

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Plaintiff is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by August

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20, 2014, why the pending motion to dismiss should not be granted in light of his failure to file

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a timely opposition or statement of non-opposition. If Plaintiff seeks to file a substantive

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response to the motion to dismiss, Plaintiff must demonstrate good cause for failing to file his

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opposition brief in a timely fashion. In his response to this OSC, Plaintiff is also directed to

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show cause why this case should not be dismissed for failure to prosecute. Plaintiff is

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admonished that his failure to respond this Order by August 20, 2014, will result in a dismissal

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of this action without further notice.

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If Plaintiff seeks to file a substantive response to the motion to dismiss and demonstrates
good cause for his delay, the Court will provide Defendant with an opportunity to file a revised

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reply brief. Moreover, if Plaintiff seeks to file a substantive response to the motion to dismiss

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and demonstrates good cause for his delay, the Court will continue the hearing on the motion to

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dismiss.

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IT IS SO ORDERED.

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Dated: August 11, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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VANCE S ELLIOTT et al,

Case Number: CV14-02678 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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DEPARTMENT OF VETERANS et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on August 11, 2014, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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17 Vance S. Elliott
640 Eddy Street
18 Room 219
San Francisco, CA 94109
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Dated: August 11, 2014
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk