Hintsa v. Rockport Health Services

Filing 28

ORDER VACATING COMPLIANCE HEARING; ORDER TO SHOW CAUSE, re 27 Status Report filed by Kesete B Hintsa, Rockport Health Services. Plaintiff Ordered to Show Cause why this action should not be dismissed for failure to prosecute. Order to Show Cause Hearing set for Monday, 7/17/2017 09:01 AM. Show Cause Response due by 7/10/2017. Court further VACATES the compliance hearing currently set for June 30, 2017. Signed by Judge Yvonne Gonzalez Rogers on 6/27/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 6/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KESETE B HINTSA,

Case No. 16-cv-04045-YGR

Plaintiff,
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v.

ORDER VACATING COMPLIANCE HEARING;
ORDER TO SHOW CAUSE

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ROCKPORT HEALTH SERVICES,

Re: Dkt. No. 27

Defendant.
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The Court stayed this action on October 3, 2016 based on the parties’ stipulation to submit
to binding arbitration. (Dkt. No. 10.) On February 22, 2017, the Court ordered plaintiff to show

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United States District Court
Northern District of California

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cause explaining the failure to initiate arbitration proceedings. (Dkt. No. 22.) On March 27, 2017,

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the Court accepted plaintiff’s reason for delaying the initiation of arbitration proceedings due to

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plaintiff’s substitution of new counsel, and set a compliance hearing for June 30, 2017 to update

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the Court on the status of such arbitration proceedings. (Dkt. Nos. 24, 26.) Three months later,

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plaintiff has yet to do so. (Dkt. No. 27.)

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Accordingly, plaintiff is ORDERED TO SHOW CAUSE why this action should not be

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dismissed for failure to prosecute. The Court SETS a hearing on this Order for Monday, July 17,

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2017 at 9:01 a.m. in the Federal Building, 1301 Clay Street, Oakland, California, Courtroom 1.

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No later than July 10, 2017, plaintiff must file a statement explaining the failure timely to initiate

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arbitration proceedings. Failure to submit such statement will be deemed an admission that there

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is no good cause for plaintiff’s delay and that dismissal of the instant action for failure to

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prosecute is appropriate.

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The Court further VACATES the compliance hearing currently set for June 30, 2017.

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IT IS SO ORDERED.

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Dated: June 27, 2017
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE