Farahani v. Floria et al

Filing 21

ORDER by Judge Lucy H. Koh declining to dismiss case for failure to prosecute; setting new briefing schedule; and finding as moot 19 Motion for Extension of Time to File Response/Reply (lhklc4, COURT STAFF) (Filed on 1/31/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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FRED FARMAHIN FARAHANI,

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Plaintiff,
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v.
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RONALD A. FLORIA, ADOLFO SALAZAR, )
PLM LENDER SERVICES,
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Defendants.
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Case No.: 12-CV-04637-LHK
ORDER DECLINING TO DISMISS
CASE AND SETTING NEW BRIEFING
SCHEDULE AND HEARING DATE

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On January 7, 2013, this Court issued an Order to Show Cause (“OSC”) requiring Plaintiff

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Fred Farmahin Farahani (“Plaintiff”) to show cause, by January 21, 2012, why his case should not

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be dismissed for failure to prosecute, and to appear at the OSC hearing on January 31, 2013. See

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id. The OSC was based on Plaintiff’s failure to file an opposition or statement of nonopposition to

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the motion to dismiss filed by Defendant Ronald Floria (“Defendant Floria”) on September 28,

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2012. See id. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s opposition to the motion to dismiss

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was due on October 12, 2012. As of January 7, 2013, Plaintiff had not filed an opposition or

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statement of nonopposition to Defendant Floria’s motion to dismiss. The Court’s Order did not

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authorize Plaintiff to file an untimely opposition to Defendant Floria’s motion to dismiss. See id.

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On January 30, 2013, Plaintiff filed a motion for a 45 day extension of the deadline to show

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cause. See ECF Nos. 19-20. Plaintiff’s motion and supporting declaration explain that: (1)

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Plaintiff is proceeding pro se; (2) Plaintiff is not registered for PACER; (3) Plaintiff only learned of
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Case No.: 12-CV-04637-LHK
ORDER DECLINING TO DISMISS CASE AND SETTING NEW BRIEFING SCHEDULE AND HEARING DATE

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the OSC on January 20, 2013 after contacting the Clerk’s Office regarding another matter; (4)

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Plaintiff is permanently disabled as a result of stroke; and (5) Plaintiff’s foot is broken.

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Plaintiff appeared pro se at the hearing on the Court’s Order to Show Cause on January 31,
2013, at 1:30 p.m. Benjamin Levinson appeared on behalf of Defendant Floria.
The Court declines to dismiss Plaintiff’s case at this time in light of Plaintiff’s January 30,

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2013 motion to extend the deadline to show cause and Plaintiff’s appearance at the January 31,

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2013 OSC hearing.

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United States District Court
For the Northern District of California

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At the January 31, 2013 OSC hearing, the Court referred Plaintiff to the Federal Legal
Assistance Self-Help Center (“FLASH”) at the San Jose Courthouse. The telephone number for
FLASH is [phone].
At the January 31, 2013 OSC hearing, Plaintiff represented that Defendant Adolfo Salazar

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has been served. Accordingly, the Court also ordered Plaintiff to file proof of service of Defendant

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Adolfo Salazar by February 1, 2013.

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At the January 31, 2013 OSC hearing, the Court ordered Plaintiff to file an opposition to

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Defendant Floria’s motion to dismiss by February 21, 2013. The Court notified Plaintiff that

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failure to file an opposition by the February 21, 2013 deadline would result in dismissal of this

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action with prejudice for failure to prosecute.

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The Court set the deadline for Defendant Floria to file his reply on February 28, 2013.

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The Court set the hearing on Defendant Floria’s motion to dismiss and a case management

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conference on Thursday, April 11, 2013, at 1:30 p.m., in courtroom 8. The parties are required

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to file a Joint Case Management Statement by April 4, 2013.

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The Court DENIES Plaintiff’s motion for a 45 day extension of the deadline to show cause

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as moot.

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IT IS SO ORDERED.

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Dated: January 31, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-04637-LHK
ORDER DECLINING TO DISMISS CASE AND SETTING NEW BRIEFING SCHEDULE AND HEARING DATE