County of Sonoma v. Hayssen

Filing 24

ORDER TO SHOW CAUSE re Dismissal. Show Cause Response due by 10/10/2008. Order to Show Cause Hearing set for 10/20/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 10/2/2008. (ecg, COURT STAFF) (Filed on 10/2/2008)

1 2 3 4 5 6 7 8 9 10 County of Sonoma, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-04532 JW ORDER TO SHOW CAUSE RE: DISMISSAL

United United States District Court

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For the Northern District of California

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Nancy Hayssen, Defendant. /

On April 1, 2008, the Court issued a Scheduling Order for this case, which included setting a Preliminary Pretrial Conference for October 6, 2008. (See Docket Item No. 20.) The parties were ordered to file Preliminary Pretrial Conference Statements by September 26, 2008. (Id.) To date, no statements have been filed. The parties have also failed to otherwise communicate with the Court. The Docket reflects that the parties were scheduled to appear before Magistrate Judge Seeborg on June 6, 2008 for a settlement conference. (See Docket Item No. 23.) However, since April 17, 2008, there has been no activity in the case as reflected on the docket. Accordingly, the Court orders both parties to appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca. on October 20, 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 the appearance date, why this case should not be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). The certificate shall set forth a factual summary of what steps the parties are taking to pursue or defend the action, its present status and the expected future course of the case.

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If the parties fail to file the certification by October 10, 2008, the October 20, 2008 hearing will be vacated automatically and the case will be dismissed pursuant to Fed. R. Civ. P. 41(b). Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss this action.

Dated: October 2, 2008

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Amy Kinsella Gruber [e-mail] Lael D. Andara [e-mail] Nancy Hayssen 501 4th Street Santa rosa, Ca 95401

Dated: October 2, 2008

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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