Smith v. Hunt & Henriques et al
Filing
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ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/26/2013 02:00 PM. Show Cause Response due by 2/20/2013.. Signed by Judge Lucy H. Koh on February 6, 2013. (lhklc1, COURT STAFF) (Filed on 2/6/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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RAYMOND J. SMITH,
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Plaintiff,
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vs.
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HUNT & HENRIQUES, MICHAEL S. HUNT, )
and JANALIE HENRIQUES,
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Defendants.
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Case No.: 12-CV-04150-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
Plaintiff Raymond J. Smith (“Plaintiff”) filed his complaint on August 7, 2012 in the
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instant matter. On August 30, 2012, Defendants filed their answer. ECF No. 4. A case
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management conference was scheduled for February 6, 2013 at 2:00 p.m. ECF No. 10. The parties
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were required to file a joint case management conference statement by January 30, 2013. Id.
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Defendants filed a separate case management conference statement on February 1, 2013. ECF No.
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11. Defendants state that they were not able to communicate with Plaintiff and therefore were
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unable to file a joint case management conference statement. Plaintiff did not file a case
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management conference statement. Plaintiff also did not appear at the February 6, 2013 case
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management conference.
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In light of Plaintiff’s failure to file a case management conference statement and failure to
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appear at the February 6, 2013 case management conference, the Court hereby orders Plaintiff to
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show cause why this case should not be dismissed with prejudice for failure to prosecute. This
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Case No.: 11-CV-04150-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
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Order does not authorize Plaintiff to file an untimely case management conference statement.
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Plaintiff has until February 20, 2013 to file a response to this Order to Show Cause. A hearing on
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this Order to Show Cause is set for February 27, 2013 at 2:00 P.M. Plaintiff’s failure to respond
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to this Order and to appear at the February 27, 2013 hearing will result in dismissal with prejudice
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for failure to prosecute.
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IT IS SO ORDERED.
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Dated: February 6, 2013
_________________________________
LUCY H. KOH
United States District Judge
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United States District Court
For the Northern District of California
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Case No.: 11-CV-04150-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
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