Williams v. Perez et al

Filing 31

ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response due by 6/9/2017. ORDER continuing hearing on Richmond Housing Authority's 16 Motion to Dismiss to 7/6/2017 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 5/22/2017. (kawlc1, COURT STAFF) (Filed on 5/22/2017) (Additional attachment(s) added on 5/22/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRANDON T. WILLIAMS,
Plaintiff,

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United States District Court
Northern District of California

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v.
HECTOR PEREZ, et al.,
Defendants.

Case No. 4:16-cv-04143-KAW
ORDER TO SHOW CAUSE TO
PLAINTIFF; ORDER CONTINUING
HEARING ON RICHMOND HOUSING
AUTHORITY’S MOTION TO DISMISS
TO JULY 6, 2017
Re: Dkt. No. 23

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On April 1, 2017, Defendant Richmond Housing Authority (“Richmond”) filed a motion to

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dismiss Plaintiff Brandon Williams’s first amended complaint. (Dkt. No. 16.) On April 17, 2017,

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Plaintiff filed a motion seeking leave to file an amended complaint. (Dkt. No. 21.) On April 19,

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2017, Richmond filed a notice of non-opposition, and provided that it would withdraw its motion

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to dismiss once the second amended complaint was filed. (Dkt. No. 22.)

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On April 20, 2017, the Court granted Plaintiff’s motion for leave to file a second amended

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complaint, and ordered that she file the amended complaint by May 5, 2017, and informed

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Plaintiff that, upon timely filing, the Court would terminate the pending motion to dismiss. (Dkt.

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No. 23.) To date, Plaintiff has not filed her second amended complaint.

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On May 12, 2017, the federal defendants filed a motion to dismiss. (Dkt. No. 27.) The
hearing is noticed for July 6, 2017.
In light of the foregoing, the Court continues the hearing on the Richmond’s motion to

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dismiss to July 6, 2017. The Court further orders Plaintiff to show cause by June 9, 2017, why

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she did not timely file her second amended complaint by May 5, 2017, and why her case should

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not be dismissed for failure to prosecute. Plaintiff must also file her second amended complaint

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by June 9, 2017. If the Court is satisfied with Plaintiff’s explanation, and there is a second

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amended complaint filed, it will terminate both pending motions.
IT IS SO ORDERED.
Dated: May 22, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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