Thompson v. Masters

Filing 17

ORDER TO SHOW CAUSE. Show Cause Response due by 4/28/2017. Signed by Judge Kandis A. Westmore on 4/6/2017. (kawlc2, COURT STAFF) (Filed on 4/6/2017) (Additional attachment(s) added on 4/6/2017: # 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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TRACEY N. THOMPSON,
Plaintiff,

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STEVE MASTERS,
Defendant.

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE

v.

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Case No. 16-cv-04704-KAW

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On August 15, 2016, Plaintiff Tracey N. Thompson filed the instant suit against Defendant

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Steve Masters, alleging that she owns the copyright in "Surround Sound" and that Defendant owes

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her royalties on the logo. (Compl. at 1, Docket No. 1.) Plaintiff also filed an application to

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proceed in forma pauperis, which the Court granted on August 19, 2017. (Dkt. Nos. 2, 5.) On

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February 22, 2017, pursuant to 28 U.S.C. § 1915(e)(2), the Court dismissed Plaintiff's complaint

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with leave to amend, finding that: (1) Plaintiff failed to identify any cause of action, and (2)

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Plaintiff failed to adequately plead a viable claim. (Dkt. No. 16 at 2-3.) The Court gave Plaintiff

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30 days to file an amended complaint, warning that "[f]ailure to file a first amended complaint

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within 30 days of this order may result in dismissal of this action for failure to prosecute." (Dkt.

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No. 16 at 3.)

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As of the date of this order, Plaintiff has not filed an amended complaint. Therefore,

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Plaintiff is ordered, on or before April 28, 2017, to 1) file an amended complaint that corrects the

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deficiencies identified by the Court's February 22, 2017 order, and 2) respond to this order to show

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cause by explaining why she did not file a timely amended complaint.

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Failure to complete both tasks by April 28, 2017 will result in the Court dismissing
Plaintiff's complaint without prejudice for failure to prosecute.
IT IS SO ORDERED.
Dated: April 6, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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