Espinosa v. San Francisco

Filing 41

ORDER TO SHOW CAUSE. Show Cause Response due by 9/24/2018. Signed by Judge Kandis A. Westmore on 9/10/2018. (kawlc2, COURT STAFF) (Filed on 9/10/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GINO Q. ESPINOSA,
Plaintiff,

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Case No. 17-cv-01766-KAW
ORDER TO SHOW CAUSE

v.
CITY AND COUNTY OF SAN
FRANCISCO, et al.,

United States District Court
Northern District of California

Defendants.
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On March 29, 2018, the parties held a settlement conference, in which the case was settled

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in full. (Dkt. No. 36.) On April 5, 2018, the Court ordered Plaintiff to file a dismissal within 60

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days of the date of the order, absent any extension ordered by the Court. (Dkt. No. 37.) After

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Plaintiff failed to file a timely dismissal, the Court ordered Plaintiff to file a dismissal or for the

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parties to file a joint status report explaining why the case has yet to be dismissed by June 22,

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2018. (Dkt. No. 38.)

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On June 22, 2018, Defendant filed a status report, stating that Defendant was waiting for

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Plaintiff to send back the Request for Dismissal and Proposed Order of Dismissal, which was sent

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on May 31, 2018. (Dkt. No. 39 at 2.) Defendant also stated that once received, Defendant would

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need approximately 45 days to finalize the settlement. (Dkt. No. 39.) Plaintiff did not respond to

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the Court's order.

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On June 29, 2018, the Court ordered Plaintiff to file a dismissal within 60 days of the date

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of the order, or for the parties to file a joint status report explaining why the case has yet to be

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dismissed. The Court warned that if Plaintiff again failed to file a dismissal or joint status report,

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the Court would issue an order to show cause as to why Plaintiff should not be sanctioned for

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repeatedly failing to comply with court orders.

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Plaintiff's dismissal or the joint status report was due by August 28, 2018. As of the date

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of this order, no dismissal or joint status report has been filed. Accordingly, the Court ORDERS

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Plaintiff to show cause, by September 24, 2018, why Plaintiff should not be sanctioned for failing

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to comply with court orders by: (1) filing a dismissal or joint status report, and (2) explaining why

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Plaintiff failed to comply with the Court's prior two orders. Failure to timely respond may result

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in the Court sanctioning Plaintiff $500.00.

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IT IS SO ORDERED.
Dated: September 10, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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