Logan v. State Farm

Filing 13

ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response due by 11/3/2017. Initial Case Management Conference is continued to 12/12/2017 01:30 PM. Case Management Statement due by 12/5/2017. Signed by Judge Kandis A. Westmore on 10/18/2017. (kawlc1, COURT STAFF) (Filed on 10/18/2017) (Additional attachment(s) added on 10/18/2017: # 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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CHARLES W. LOGAN,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 4:17-cv-03031-KAW
ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 12
STATE FARM,
Defendant.

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On September 14, 2017, the Court dismissed Plaintiff Charles W. Logan’s first amended

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complaint with leave to amend. (Dkt. No. 9.) The Court ordered Plaintiff to file a second amended

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complaint no later than October 6, 2017. Id. at 1.

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To date, Plaintiff has not filed a second amended complaint. Plaintiff is, therefore, ordered

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to file his amended complaint on or before November 3, 2017, and respond to this order to show

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cause by explaining why he did not timely file the second amended complaint and why this case

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should not be dismissed for failure to prosecute. The second amended complaint and the response

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to the order to show cause should be filed separately. Failure to file both documents by the

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deadline may result in the case being dismissed for failure to prosecute.

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In amending his complaint, Plaintiff may wish to consult a manual the court has adopted to

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assist pro se litigants in presenting their case. This manual, and other free information for pro se

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litigants, is available online at: http://cand.uscourts.gov/proselitigants. Plaintiff may also wish to

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make an appointment with the Federal Pro Bono Project’s Help Desk—a free service for pro se

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litigants—by calling [phone]. While the Help Desk cannot represent Plaintiff, a licensed

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attorney may assist him with determining which claims are potentially actionable, as well as how

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to properly format the second amended complaint so that the causes of action are properly pled.

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Appointments are available at the San Francisco and Oakland courthouses. Plaintiff is again

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advised that the failure to state a claim in the second amended complaint may result in the entire

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case being dismissed.
Plaintiff should be aware that an amended complaint will supersede or replace the original

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complaint, and the original complaint will thereafter be treated as nonexistent. Armstrong v. Davis,

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275 F.3d 849, 878 n.40 (9th Cir. 2001), abrogated on other grounds by Johnson v. Cal., 543 U.S.

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499 (2005). The second amended complaint must, therefore, be complete, in itself, without

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reference to the prior or superseded pleading, as “[a]ll causes of action alleged in an original

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complaint which are not alleged in an amended complaint are waived.” King v. Atiyeh, 814 F.2d

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565, 567 (9th Cir. 1987) (citations omitted).
Additionally, the November 14, 2017 case management conference is continued to

United States District Court
Northern District of California

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December 12, 2017. Case management conference statements are due on or before December 5,

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2017.

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IT IS SO ORDERED.
Dated: October 18, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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