McCarthy v. Ramada Worldwide, Inc. et al

Filing 8

ORDER TO SHOW CAUSE Why Case Should Not Be Dismissed for Failure to Prosecute. Show Cause Response due by 10/12/2010. Signed by Judge Patricia V. Trumbull on 9/27/10. (pvtlc1) (Filed on 9/28/2010)

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McCarthy v. Ramada Worldwide, Inc. et al Doc. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action was removed to this court from state court on September 18, 2009. Pursuant to the Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act Title II & III (42 U.S.C. 1213189), the last day for Plaintiff to file a "Notice of Need for Mediation" was February 11, 2010 (45 days after the Joint Site Inspection, which that order set as December 28, 2009). Plaintiff failed to file any such notice, and other than a dismissal of Defendant Ramada Worldwide, Inc., there is no activity reflected in the docket of this case since it was removed from state court. Therefore, IT IS HEREBY ORDERED that, no later than October 12, 2010, Plaintiff shall file a declaration showing cause, if any, why this case should not be dismissed for failure to prosecute. See, FED.R.CIV.PRO. 41(b). Dated: 9/27/10 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ROBERT MCCARTHY, ) ) Plaintiff, ) ) v. ) ) RAMADA WORLDWIDE, INC., ) ) Defendants. ) ___________________________________ ) Case No.: C 09-4396 PVT ORDER TO SHOW CAUSE WHY CASE SH O U LD NOT BE DISMISSED FOR FAILURE T O PROSECUTE

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