Animal Protection and Rescue League, Inc. v. Northridge Owner, L.P. et al

Filing 36

ORDER TO SHOW CAUSE. Signed by Judge Beth Labson Freeman on 9/30/2016. (blflc2S, COURT STAFF) (Filed on 9/30/2016)

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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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ANIMAL PROTECTION AND RESCUE
LEAGUE, INC.,
Plaintiff,

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Case No. 16-cv-01494-BLF
ORDER TO SHOW CAUSE

v.
NORTHRIDGE OWNER, L.P., et al.,
Defendants.

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United States District Court
Northern District of California

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Plaintiff Animal Protection and Rescue League, Inc. (“APRL”) is hereby ORDERED TO

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SHOW CAUSE why this case should not be dismissed with prejudice for violation of this Court’s

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Order Dismissing Case for Lack of Subject Matter Jurisdiction with Leave to Amend. ECF 35.

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The Order required APRL to file an amended complaint by September 23, 2016. Id. at 6. Plaintiff

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did not amend its complaint within the time provided and still has not amended it.

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Failure to amend a complaint is considered a failure to comply with a Court order and is

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grounds for dismissal of this action with prejudice under Federal Rule of Civil Procedure 41(b).

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See Yourish v. Calif. Amplifier, 191 F.3d 983, 986 (9th Cir. 1999).

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Accordingly, the Court ORDERS Plaintiff to show cause why this action should not be

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dismissed with prejudice for failure to comply with a court order or to file a notice of intent not to

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file an amended complaint on or before October 28, 2016. If APRL files an amended complaint

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on or before that date, the Court will dissolve the order to show cause. However, if APRL does

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not respond, the Court will dismiss the action with prejudice pursuant to Federal Rule of Civil

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Procedure 41(b) without further notice.

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IT IS SO ORDERED.

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Dated: September 30, 2016
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BETH LABSON FREEMAN
United States District Judge