Beardsley v. County of Santa Clara et al

Filing 25

ORDER TO SHOW CAUSE. If Plaintiff does not, by 9/30/2013 demonstrate good cause in writing why this case should not be dismissed, the court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). No hearing will be held on the order to show cause unless otherwise ordered by the court. The Case Management Conference scheduled for 9/27/2013 is VACATED. Signed by Judge Edward J. Davila on 9/23/2013. (ejdlc1, COURT STAFF) (Filed on 9/23/2013)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 CASE NO. 5:13-cv-01378 EJD LLOYD BEARDSLEY, 6 ORDER TO SHOW CAUSE Plaintiff(s), 7 8 v. COUNTY OF SANTA CLARA, ET AL, 9 Defendant(s). / 11 For the Northern District of California United States District Court 10 On August 5, 2013, the court scheduled the above-entitled action for a Case Management 12 Conference on September 27, 2013, and required the parties to file a Joint Case Management 13 Statement on or before September 20, 2013. See Docket Item No. 19. Although Defendant filed a 14 separate statement for the Conference on September 20th, Plaintiff did not. See Docket Item No. 24. 15 Nor did Plaintiff file a timely opposition to the pending Motion to Dismiss. See Docket Item No. 16 20. 17 Plaintiff’s conduct suggests to the court that he has abandoned this action. Accordingly, the 18 court hereby issues an order to show cause why this action should not be dismissed for failure to 19 prosecute. If Plaintiff does not, by September 30, 2013, demonstrate good cause in writing why 20 this case should not be dismissed, the court will dismiss the action with prejudice pursuant to 21 Federal Rule of Civil Procedure 41(b). No hearing will be held on the order to show cause unless 22 otherwise ordered by the court. 23 24 The Case Management Conference scheduled for September 27, 2013, is VACATED. IT IS SO ORDERED. 25 26 Dated: September 23, 2013 EDWARD J. DAVILA United States District Judge 27 28 1 CASE NO. 5:13-cv-01378 EJD ORDER TO SHOW CAUSE

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