Futia v. Ferguson et al

Filing 8

ORDER TO SHOW CAUSE. Signed by Judge Paul S. Grewal on July 28, 2011. (psglc1, COURT STAFF) (Filed on 7/29/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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RICK FUTIA,
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Plaintiff,
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v.
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JAMES FERGUSON AND ALTHEA
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FERGUSON, ET AL.,
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Defendants.
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___________________________________ )

Case No.: C 11-00012 PSG
ORDER TO SHOW CAUSE

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On January 3, 2011, Plaintiff Rick Futia (“Futia”) filed a complaint alleging claims for denial
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of full and equal access to a public accommodation. Pursuant to General Order No. 56, “[i]f within
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45 days from the joint inspection and review, the parties cannot reach an agreement on injunctive
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review, or cannot settle the damages and fees claims, plaintiff shall file a ‘Notice of Need for
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Mediation’ . . . .” See General Order No. 56, ¶ 6. A joint inspection was to have occurred no later
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than 100 days after filing the complaint. See id. at ¶ 3.
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Here, Futia filed his complaint nearly seven months ago and he has not filed a notice of need
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for mediation. Nor did he seek relief from the requirement. See id. at ¶ 8. Accordingly,
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IT IS HEREBY ORDERED that no later than August 5, 2011, Futia is ordered to show cause
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ORDER, page 1

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why the case should not be dismissed for failure to prosecute the case.
IT IS SO ORDERED.
Dated: July 28, 2011
PAUL S. GREWAL
United States Magistrate Judge

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ORDER, page 2