St. Francis Assisi v. Kuwait Finance House et al

Filing 41

ORDER TO SHOW CAUSE Why Court Should Not Enter Judgment and VACATING Case Management Conference. Show Cause Response due by 4/14/2017. Signed by Judge Jeffrey S. White on March 31, 2017. (jswlc3S, COURT STAFF) (Filed on 3/31/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ST. FRANCIS ASSISI, 8 Plaintiff, 9 10 11 United States District Court Northern District of California Case No. 16-cv-03240-JSW v. KUWAIT FINANCE HOUSE, et al., Defendants. ORDER TO SHOW CAUSE WHY COURT SHOULD NOT ENTER JUDGMENT AND VACATING CASE MANAGEMENT CONFERENCE Re: Dkt. Nos. 39, 40 12 13 On June 13, 2016, Plaintiff filed the Complaint in this action. On November 2, 2016, 14 Kuwait Finance House and Kuveyt-Turk Participation Bank (“Defendants”) moved to dismiss the 15 Complaint. The Court granted that motion on January 24, 2017, and it set February 28, 2017 as 16 the deadline to file an amended complaint. (Dkt. No. 35, Order Granting Motion to Dismiss.) In 17 that Order, the Court stated that “i[f] SFA fails to file an amended complaint by February 28, 18 2017, the Court shall dismiss the case with prejudice for lack of standing and shall enter judgment 19 in favor of each of the Defendants.” (Id. at 8:10-12.) 20 On February 13, 2017, Plaintiff filed an administrative motion to extend that deadline by 21 45 days. Plaintiff stated the extension was required because the “individuals whose name and 22 story [sic] will be added” are afraid of retribution and the extension will allow them to consult 23 with families and to assess “the risks involved … and continuing with the litigation.” (Mot. at 2:9- 24 14.) The Court granted, in part, Plaintiff’s motion for an extension of time. (Dkt. No. 39, Order 25 Granting in Part Administrative Motion for Extension of Time.) The Court ordered Plaintiff to 26 file its amended complaint by no later than March 24, 2017. Plaintiff did not file an amended 27 complaint on that date. On March 28, 2017, Defendants filed a request for entry of judgment. 28 Because the Court did not include language in the Order granting Plaintiff’s motion for an 1 ext tension of tim that failu to comply with the de me ure y eadline set in the Order w n would result in t 2 dis smissal with prejudice, th Court HE he EREBY ORD DERS Plaint to show c tiff cause why th Court he 3 sho ould not ente judgment in favor of all Defendan for lack o standing a for failur to comply er a nts of and re y 4 wit the deadli to file an amended co th ine n omplaint. 5 Plaintif response to this Orde to Show C ff’s e er Cause shall b due by Ap 14, 2017 If be pril 7. 6 Pla aintiff fails to file a respo o onse by that date, the Co will dism this cas with preju ourt miss se udice for the 7 rea asons set fort in its Orde granting Defendants’ motion to d th er D dismiss. 8 9 10 United States District Court Northern District of California 11 12 13 The Co VACAT the case managemen conference scheduled for April 21 2017, and ourt TES nt 1, it will reschedu that conf w ule ference if nec cessary. IT IS SO ORDER S RED. Da ated: March 31, 2017 ___ __________ ___________ __________ ________ JEF FFREY S. W WHITE Un nited States D District Judg ge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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