Mendoza v. Zambrano et al

Filing 42

SECOND ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response and opposition to the motion to dismiss are due by 9/5/2017. Signed by Judge Kandis A. Westmore on 8/24/2017. (kawlc1, COURT STAFF) (Filed on 8/24/2017) (Additional attachment(s) added on 8/24/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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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 v. SECOND ORDER TO SHOW CAUSE Re: Dkt. No. 38 AARON ZAMBRANO, et al., Defendants. 11 United States District Court Northern District of California Case No. 4:16-cv-06455-KAW 12 13 Plaintiff Anthony Mendoza, proceeding pro se, filed this lawsuit alleging wage and hour 14 violations under the Fair Labor Standards Act. On July 12, 2017, Plaintiff filed a second amended 15 complaint, in which he alleges disability discrimination under the Americans with Disabilities Act. 16 (Dkt. No. 36.) On July 26, 2017, Defendants filed a motion to dismiss the second amended 17 complaint. (Dkt. No. 38.) Pursuant to Civil Local Rule 7-3, with an additional three days for 18 mailing, Plaintiff’s opposition was due on August 14, 2017. To date, Plaintiff has not filed an 19 opposition. 20 Accordingly, by no later than September 5, 2017, the Court orders Plaintiff to (1) file a 21 response to this order to show cause and explain why his case should not be dismissed for failure 22 to prosecute, and (2) file an opposition to the motion to dismiss. The response to this order to 23 show cause and the opposition should be filed as separate documents. To aid in his compliance 24 with this order, Plaintiff may wish to contact the Federal Pro Bono Project’s Help Desk—a free 25 service for pro se litigants— by calling (415) 782-8982 to make an appointment to obtain legal 26 assistance from a licensed attorney. 27 28 Failure to timely respond to this order to show cause may result in the dismissal of this action for failure to prosecute. See Judge Westmore’s General Standing Order ¶ 22 (“The failure 1 of the opposing party to file a memorandum of points and authorities in opposition to any motion 2 shall constitute consent to the granting of the motion”). 3 4 5 6 Should Plaintiff timely file an opposition, Defendants are permitted to file their reply on or before September 12, 2017. The October 5, 2017 hearing remains on calendar as scheduled. IT IS SO ORDERED. Dated: August 24, 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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