Stavrinides v. Pacific Gas and Electric Company

Filing 18

ORDER TO SHOW CAUSE. October 15, 2015 hearing is VACATED. Case Management Conference is CONTINUED to 12/29/2015 at 01:30 PM. Case Management Statement due by 12/22/2015. Signed by Judge Kandis A. Westmore on 09/29/2015. (kawlc2S, COURT STAFF) (Filed on 9/29/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELIAS STAVRINIDES, Case No. 15-cv-03118-KAW Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 10 PACIFIC GAS AND ELECTRIC COMPANY, Defendant. 11 United States District Court Northern District of California Re: Dkt. No. 11 12 13 14 15 Elias Stavrinides ("Plaintiff") proceeds pro se in this action against the Pacific Gas and Electric Company ("Defendant"). On September 4, 2015, Defendant filed a motion to dismiss and served Plaintiff with a 16 copy of the motion by mail. (Def.'s Mot., Dkt. No. 11.) Pursuant to Civil Local Rule 7-3, 17 Plaintiff's opposition was due on September 21, 2015. As of the filing of this order, Plaintiff has 18 not filed an opposition to the motion, which is currently set for hearing on October 15, 2015. 19 Accordingly, the Court orders Plaintiff (1) to show cause, in writing, why his case should 20 not be dismissed for failure to prosecute, and (2) file either an opposition to the motion to dismiss 21 or a statement of non-opposition to the motion to dismiss. Plaintiff's written response to this order 22 to show cause and his opposition or statement of non-opposition to the motion to dismiss shall be 23 filed as separate documents. Both documents shall be filed by no later than October 15, 2015. 24 Failure to timely file both documents may result in dismissal of this action. See Judge Westmore's 25 General Standing Order ¶ 22 ("The failure of the opposing party to file a memorandum of points 26 and authorities in opposition to any motion shall constitute consent to the granting of the 27 motion."). 28 To aid in his compliance with this order, Plaintiff may wish to contact the Federal Pro 1 Bono Project's Help Desk—a free service for pro se litigants—by calling (415) 782-8982. The 2 Court has also adopted a manual for use by pro se litigants, which may be helpful to Plaintiff. This 3 manual, and other free information is available online at: http://cand.uscourts.gov/proselitigants. 4 Furthermore, as Plaintiff has not consented to the undersigned's jurisdiction pursuant to 28 5 U.S.C. § 636(c), Plaintiff shall complete the attached consent/declination form and file it with the 6 Court by no later than October 15, 2015. 7 The case management conference currently scheduled for October 6, 2015 is 8 CONTINUED to December 29, 2015. The hearing currently scheduled for October 15, 2015 is 9 VACATED. 10 United States District Court Northern District of California 11 IT IS SO ORDERED. Dated: 09/29/2015 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 Case No. 6 7 Plaintiff(s) 8 CONSENT OR DECLINATION TO MAGISTRATE JUDGE JURISDICTION v. 9 10 Defendant(s). United States District Court Northern District of California 11 12 13 14 15 16 INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection. ☐ Consent to Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit. 17 18 19 20 OR ☐ Decline Magistrate Judge Jurisdiction In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge. 21 22 DATE: ________________, 20__ NAME: 23 COUNSEL FOR 24 (OR “PRO SE”): 25 26 Signature 27 28 3

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