Smith v. Hunt & Henriques et al

Filing 13

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 RAYMOND J. SMITH, ) ) Plaintiff, ) ) vs. ) ) HUNT & HENRIQUES, MICHAEL S. HUNT, ) and JANALIE HENRIQUES, ) ) Defendants. ) ) 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 18 instant matter. On August 30, 2012, Defendants filed their answer. ECF No. 4. A case 19 management conference was scheduled for February 6, 2013 at 2:00 p.m. ECF No. 10. The parties 20 were required to file a joint case management conference statement by January 30, 2013. Id. 21 Defendants filed a separate case management conference statement on February 1, 2013. ECF No. 22 11. Defendants state that they were not able to communicate with Plaintiff and therefore were 23 unable to file a joint case management conference statement. Plaintiff did not file a case 24 management conference statement. Plaintiff also did not appear at the February 6, 2013 case 25 management conference. 26 In light of Plaintiff’s failure to file a case management conference statement and failure to 27 appear at the February 6, 2013 case management conference, the Court hereby orders Plaintiff to 28 show cause why this case should not be dismissed with prejudice for failure to prosecute. This 1 Case No.: 11-CV-04150-LHK ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE 1 Order does not authorize Plaintiff to file an untimely case management conference statement. 2 Plaintiff has until February 20, 2013 to file a response to this Order to Show Cause. A hearing on 3 this Order to Show Cause is set for February 27, 2013 at 2:00 P.M. Plaintiff’s failure to respond 4 to this Order and to appear at the February 27, 2013 hearing will result in dismissal with prejudice 5 for failure to prosecute. 6 IT IS SO ORDERED. 7 Dated: February 6, 2013 _________________________________ LUCY H. KOH United States District Judge 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 11-CV-04150-LHK ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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