Braun v. Yahoo

Filing 59

ORDER re 54 58 TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED WITH PREJUDICE due by 7/27/2018.Signed by Judge Susan van Keulen on 7/17/18. (djm, COURT STAFF) (Filed on 7/17/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID STEVEN BRAUN,
Plaintiff,

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YAHOO,
Defendant.

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED WITH
PREJUDICE

v.

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Case No. 17-cv-06294-SVK

On June 11, 2018, the Court issued an order granting Defendant’s motion to dismiss Plaintiff’s

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first amended complaint, which stated that “Plaintiff may file a second amended complaint (“SAC”)

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within 14 days of the date of this order if he wishes to attempt to address the deficiencies identified in

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this order” and that “[f]ailure to file a SAC by the deadline will result in dismissal of this action.” ECF

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54. On June 21, 2018, the Court granted Plaintiff a 15-day extension of the deadline to file a SAC.

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ECF 58. Under these orders, the extended deadline for Plaintiff’s SAC was July 10, 2018. As of the

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date of this order, Plaintiff has not filed a SAC.

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Based on Plaintiff’s failure to file a SAC by the deadline, the Court ORDERS Plaintiff to show

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cause why this case should not be dismissed with prejudice under Federal Rule of Civil Procedure

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41(b). If Plaintiff wishes to attempt to proceed with this action, he must file a response to this Order to

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Show Cause no later than July 27, 2018, which must include an explanation as to why his SAC was

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not timely filed. Failure to file such response by July 27, 2018 will result in dismissal of this case with

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prejudice.

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SO ORDERED.
Dated: July 17, 2018

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SUSAN VAN KEULEN
United States Magistrate Judge