Stewart v. Leland Stanford Junior University

Filing 6

ORDER TO SHOW CAUSE re Dismissal; Vacating Case Management Conference set for 2/11/2008. Show Cause Response due by 2/15/2008. Order to Show Cause Hearing set for 2/25/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Please see Order for further specifics. Signed by Judge James Ware on 2/7/2008. (ecg, COURT STAFF) (Filed on 2/7/2008)

Download PDF
Stewart v. Leland Stanford Junior University Doc. 6 Case 5:07-cv-04061-JW Document 6 Filed 02/07/2008 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 James Lee Stewart, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-04061 JW ORDER TO SHOW CAUSE RE: DISMISSAL; VACATING CASE MANAGEMENT CONFERENCE United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Leland Stanford Junior University, Defendant. / Plaintiff filed this action on August 8, 2007. (Docket Item No. 1.) The action was originally set for a Case Management Conference on November 21, 2007 before Magistrate Judge Richard Seeborg. Judge Seeborg continued the Case Management Conference to January 23, 2008 because Plaintiff had not served Defendant. (Docket Item No. 3.) The case was then reassigned, and the Case Management Conference was continued to February 11, 2008. (Docket Item No. 4.) The new deadline for filing a Joint Statement was February 1, 2008. As of February 7, 2008, Plaintiff still had not served Defendant. Accordingly, the Court VACATES the Case Management Conference currently set for Monday, February 11, 2008 at 10 a.m. The Court hereby orders Plaintiff to appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, California on Monday, February 25, 2008 at 9:00 a.m. to show cause, if any, by actual appearance in Court, and by certification filed with the Court at least ten (10) days prior to appearance date, why this action should not be dismissed for lack of prosecution under Federal Rule of Civil Procedure 41(b). The certificate shall set forth a factual summary of the reasons why Defendant has not been served and Plaintiff's failure to otherwise Dockets.Justia.com Case 5:07-cv-04061-JW Document 6 Filed 02/07/2008 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 communicate with the Court, and what steps Plaintiff is taking to pursue the action, its present status, and the expected future course of the action. If Plaintiff fails to file the certification, the February 25, 2008 hearing will be vacated automatically and the case will be dismissed with prejudice pursuant to Rule 41(b) Fed. R. Civ. Pro. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action. Dated: February 7, 2008 JAMES WARE United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 5:07-cv-04061-JW Document 6 Filed 02/07/2008 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Steven Daniel Zavodnick szavodnick@verizon.net Dated: February 7, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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?