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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ST. FRANCIS ASSISI,

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Plaintiff,

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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

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On June 13, 2016, Plaintiff filed the Complaint in this action. On November 2, 2016,

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Kuwait Finance House and Kuveyt-Turk Participation Bank (“Defendants”) moved to dismiss the

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Complaint. The Court granted that motion on January 24, 2017, and it set February 28, 2017 as

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the deadline to file an amended complaint. (Dkt. No. 35, Order Granting Motion to Dismiss.) In

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that Order, the Court stated that “i[f] SFA fails to file an amended complaint by February 28,

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2017, the Court shall dismiss the case with prejudice for lack of standing and shall enter judgment

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in favor of each of the Defendants.” (Id. at 8:10-12.)

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On February 13, 2017, Plaintiff filed an administrative motion to extend that deadline by

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45 days. Plaintiff stated the extension was required because the “individuals whose name and

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story [sic] will be added” are afraid of retribution and the extension will allow them to consult

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with families and to assess “the risks involved … and continuing with the litigation.” (Mot. at 2:9-

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14.) The Court granted, in part, Plaintiff’s motion for an extension of time. (Dkt. No. 39, Order

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Granting in Part Administrative Motion for Extension of Time.) The Court ordered Plaintiff to

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file its amended complaint by no later than March 24, 2017. Plaintiff did not file an amended

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complaint on that date. On March 28, 2017, Defendants filed a request for entry of judgment.

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Because the Court did not include language in the Order granting Plaintiff’s motion for an

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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

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dis
smissal with prejudice, th Court HE
he
EREBY ORD
DERS Plaint to show c
tiff
cause why th Court
he

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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

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wit the deadli to file an amended co
th
ine
n
omplaint.

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Plaintif response to this Orde to Show C
ff’s
e
er
Cause shall b due by Ap 14, 2017 If
be
pril
7.

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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

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rea
asons set fort in its Orde granting Defendants’ motion to d
th
er
D
dismiss.

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United States District Court
Northern District of California

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The Co VACAT the case managemen conference scheduled for April 21 2017, and
ourt
TES
nt
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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

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