Sebring v. Ron Kline,et.al

Filing 10

ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response due by 1/3/2018; ORDER Continuing Hearing on Motion 5 First MOTION to Dismiss COMPLAINT : Motion Hearing set for 2/1/2018 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistr ate Judge Kandis A. Westmore. Responses due by 1/3/2018. Reply due by 1/10/2018. ORDER CONTINUING Initial Case Management Conference to 4/24/2018 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Case Management Statement due by 4/17/2018. Signed by Judge Kandis A. Westmore on 12/11/2017. (kawlc1, COURT STAFF) (Filed on 12/11/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

SEAN SEBRING,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.
CITY OF PETALUMA, et al.,

Case No. 4:17-cv-06483-KAW
ORDER TO SHOW CAUSE; ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE
Re: Dkt. No. 5

Defendants.

12
13
14
15

Plaintiff Sean Sebring, proceeding pro se, filed this lawsuit alleging civil rights violations
against the City of Petaluma and two of its police officers.
On November 14, 2017, Defendants filed a motion to dismiss. (Dkt. No. 5.) Pursuant to

16

Civil Local Rule 7-3, with an additional three days for mailing, Plaintiff’s opposition was due on

17

December 1, 2017. To date, Plaintiff has not filed an opposition.

18

Accordingly, by no later than January 3, 2018, 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 [phone] to make an appointment to obtain legal

24

assistance from a licensed attorney.

25

Failure to both timely respond to this order to show cause and file a timely opposition may

26

result in the dismissal of this case for failure to prosecute. See Judge Westmore’s General Standing

27

Order ¶ 22 (“The failure of the opposing party to file a memorandum of points and authorities in

28

opposition to any motion shall constitute consent to the granting of the motion”).

1
2
3

Should Plaintiff timely file an opposition, Defendants are permitted to file their reply on or
before January 10, 2018.
Additionally, the January 18, 2018 hearing on the motion to dismiss is continued to

4

February 1, 2018 in Courtroom 4, U.S. District Court, 1301 Clay Street, 3rd Floor, Oakland,

5

California at 11:00 a.m.

6
7
8
9

Lastly, the case management conference scheduled for February 6, 2018 is continued to
April 24, 2018. The case management conference statements are due on or before April 17, 2018.
IT IS SO ORDERED.
Dated: December 11, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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