Mendoza v. Zambrano et al

Filing 25

ORDER Continuing Hearing on 11 MOTION to Dismiss for Failure to State a Claim to 6/15/2017 11:00 AM before Magistrate Judge Kandis A. Westmore. ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response due by 5/17/2017. Signed by Judge Kandis A. Westmore on 4/26/2017. (kawlc1, COURT STAFF) (Filed on 4/26/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTHONY M. MENDOZA, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 4:16-cv-06455-KAW ORDER TO SHOW CAUSE; ORDER CONTINUING MOTION HEARING Re: Dkt. No. 11 AARON ZAMBRANO, et al., Defendants. 12 13 14 15 Plaintiff Anthony Mendoza, proceeding pro se, filed this lawsuit alleging wage and hour violations under the Fair Labor Standards Act. On April 3, 2017, Defendants filed a motion to dismiss the first amended complaint. (Dkt. 16 No. 69.) Pursuant to Civil Local Rule 7-3, with an additional three days for mailing, Plaintiff’s 17 opposition was due on April 20, 2017. To date, Plaintiff has not filed an opposition. 18 Accordingly, by no later than May 17, 2017, the Court orders Plaintiff to (1) file a 19 response to this order to show cause and explain why his case should not be dismissed for failure 20 to prosecute, and (2) file an opposition to the motion to dismiss. The response to this order to 21 show cause and the opposition should be filed as separate documents. To aid in his compliance 22 with this order, Plaintiff may wish to contact the Federal Pro Bono Project’s Help Desk—a free 23 service for pro se litigants— by calling (415) 782-8982 to make an appointment to obtain legal 24 assistance from a licensed attorney. 25 Failure to timely respond to this order to show cause may result in the dismissal of this 26 action for failure to prosecute. See Judge Westmore’s General Standing Order ¶ 22 (“The failure 27 of the opposing party to file a memorandum of points and authorities in opposition to any motion 28 shall constitute consent to the granting of the motion”). 1 2 3 4 5 6 Should Plaintiff timely file one or both oppositions, Defendants are permitted to file their replies on or before May 24, 2017. Additionally, the June 1, 2017 hearing on the motion to dismiss is continued to June 15, 2017 at U.S. District Court, 1301 Clay Street, Oakland, California at 11:00 a.m. IT IS SO ORDERED. Dated: April 26, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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