Wallace v. American Honda Finance Corporation

Filing 14

SECOND ORDER TO SHOW CAUSE Show Cause Response due by 2/22/2019. ORDER Continuing Initial Case Management Conference to 5/14/2019 01:30 PM. Case Management Statements due by 5/7/2019. Signed by Judge Kandis A. Westmore on 1/30/2019. (kawlc1, COURT STAFF) (Filed on 1/30/2019) (Additional attachment(s) added on 1/30/2019: # 1 Certificate/Proof of Service) (dtmS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDWARD WALLACE,
Plaintiff,

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Case No. 4:18-cv-05445-KAW

v.
AMERICAN HONDA FINANCE
CORPORATION,

SECOND ORDER TO SHOW CAUSE;
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

United States District Court
Northern District of California

Defendant.
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On September 5, 2018, Plaintiff Edward Wallace filed this case against Defendant

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American Honda Finance Corporation. (Dkt. No. 1.) Plaintiff also moved to proceed in forma

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pauperis ("IFP Application"). (Dkt. No. 2.) On September 14, 2018, the Court granted Plaintiff's

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IFP Application. (Dkt. No. 6.) Pursuant to 28 U.S.C. § 1915(e)(2), the Court then screened

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Plaintiff's complaint and found it deficient, finding that Plaintiff had failed to set forth a "short and

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plain statement of the claim showing that the pleader is entitled to relief" and that Plaintiff had

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failed to establish diversity jurisdiction. (Dkt. No. 7 at 1, 3 (quoting Fed. R. Civ. P. 8).) The

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Court ordered Plaintiff to file an amended complaint that provided the legal and factual basis for

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all claims by November 20, 2018. (Id. at 4.) The Court warned that failure to do so would result

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in the case being reassigned to a district judge with the recommendation that the case be

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dismissed. (Id.)

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On December 10, 2018, the Court issued an order to show cause why the Court should not

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recommend that Plaintiff's case be dismissed for failure to prosecute based on the failure to file the

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amended complaint. Plaintiff was ordered to respond by December 28, 2018. To date, Plaintiff has

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not filed his amended complaint nor has he responded to the order to show cause.

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Accordingly, the Court ORDERS Plaintiff to show cause, by February 22, 2019, why the

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Plaintiff's case should not be dismissed for failure to prosecute, and why he did not file the

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amended complaint by December 28, 2018. Additionally, Plaintiff shall file his first amended

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complaint. Failure to respond to the second order to show cause and file the first amended

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complaint by the deadline will result in the Court reassigning the case to a district judge with the

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recommendation that the case be dismissed.

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Again, Plaintiff may wish to contact the Federal Pro Bono Project's Help Desk for

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assistance—a free service for pro se litigants—by calling [phone] to make an appointment.

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Plaintiff may also wish to consult the manual the court has adopted to assist pro se litigants in

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presenting their case. This manual, and other free information for pro se litigants, is available

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United States District Court
Northern District of California

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online at: http://cand.uscourts.gov/proselitigants.
Additionally, the case management conference scheduled for March 5, 2019 is continued
to May 14, 2019. Case management conference statements are due on or before May 7, 2019.
IT IS SO ORDERED.
Dated: January 30, 2019
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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