Desantis et al v. Secretary of Health and Human Services, United States of America

Filing 38

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/17/2010 09:00 AM. Show Cause Response due by 9/10/2010. Signed by Judge Whyte on 9/2/2010. (rmwlc1, COURT STAFF) (Filed on 9/2/2010)

Download PDF
Desantis et al v. Secretary of Health and Human Services, United States of America Doc. 38 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE--No. C-07-03564 RMW TER E-FILED on 9/2/2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MICHAEL A. DESANTIS, an individual, and RICHARD J. DESANTIS, an individual Plaintiffs, v. SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant. Plaintiffs seek review of the Secretary of Health and Human Services' denial of coverage under Medicare, 42 U.S.C. 1395ff et seq. The Amended Complaint was filed on April 19, 2010 and the defendant's Answer was filed on May 17, 2010. The Administrative Record was previously filed (Docket 14). Pursuant to the previously issued scheduling order (Docket #3), plaintiffs were to file their motion for summary judgment or for remand within thirty days of service of the Answer. More than thirty days have passed, yet plaintiffs have not filed their motion. Accordingly, plaintiffs are hereby ordered to show cause why this action should not be dismissed for failure to prosecute and failure to comply with the court's scheduling order. A show cause hearing will be held on September 17, 2010 at 9:00 a.m. Plaintiffs shall file and serve a written response on or before September 10, 2010, failing which this action shall be dismissed. The No. C-07-03564 RMW ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 show cause hearing will be vacated if plaintiffs' motion for summary judgment is filed before September 17, 2010. DATED: 9/2/2010 RONALD M. WHYTE United States District Judge ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE--No. C-07-03564 RMW TER 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?