Easley v. County of San Benito et al

Filing 79

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 3/1/2013 at 11:00 A.M. Plaintiff is advised that failure to appear at the show cause hearing or failure to show good cause in response to this order may result in the dismissal of this action with prejudice. Signed by Judge Edward J. Davila on 2/22/2013. (ejdlc1, COURT STAFF) (Filed on 2/22/2013) (Additional attachment(s) added on 2/22/2013: # 1 Certificate of Service) (ecg, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CASE NO. 5:10-cv-05520 EJD

GARY EASLEY,

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ORDER TO SHOW CAUSE
Plaintiff(s),

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v.
COUNTY OF SAN BENITO, et. al.,

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Defendant(s).
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For the Northern District of California

United States District Court

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/
On July 16, 2012, this court issued a Pretrial Order scheduling this action for a jury trial. See

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Docket Item No. 60. Jury selection is scheduled to commence on March 11, 2013. Id. The Pretrial

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Order also required the parties, inter alia, to submit to the court (1) a Final Pretrial Conference

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Statement by February 15, 2013, (2) motions in limine by February 15, 2013, and (3) proposed voir

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dire questions, jury instructions and verdict forms by February 19, 2013. Id. Defendants have

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submitted their documents. See Docket Item Nos. 70, 72, 75-77. To date, however, Plaintiff has not

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complied with the Pretrial Order by submitting the required documents. The court is unable to

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commence a jury trial without Plaintiff’s participation in the pre-trial process.

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Accordingly, Plaintiff is ordered to appear before the Honorable Edward J. Davila on March

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1, 2013, at 11:00 a.m. in Courtroom No. 4, 5th Floor, United States District Court, 280 South First

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Street, San Jose, California, 95113, to show cause why the case should not be dismissed for failure

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to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff is advised that failure to

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appear at the show cause hearing or failure to show good cause in response to this order may result

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in the dismissal of this action with prejudice.

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IT IS SO ORDERED.

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Dated: February 22, 2013
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:10-cv-05520 EJD
ORDER TO SHOW CAUSE