Heredia v. The Hertz Corporation

Filing 25

ORDER TO SHOW CAUSE Why Case Should Not be Dismissed for Failure to Prosecute. Plaintiff's Show Cause Response due by 8/3/2018. Order to Show Cause Hearing set for 8/7/2018 10:00 AM. Signed by Magistrate Judge Virginia K. DeMarchi on 7/23/2018. (vkdlc2S, COURT STAFF) (Filed on 7/23/2018)

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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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ERNESTO MIGUEL HEREDIA,
Plaintiff,

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United States District Court
Northern District of California

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Case No.18-cv-00870-VKD

v.
THE HERTZ CORPORATION,

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

Defendant.

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Plaintiff Ernesto Heredia filed the present action on February 9, 2018. Dkt. No. 1. On

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February 22, 2018, the Court granted Mr. Heredia’s application to proceed in forma pauperis.

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Dkt. No. 4. The U.S. Marshals Service served the complaint on defendant The Hertz Corporation

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(“Hertz”), and all parties consented that all proceedings in this matter may be heard and finally

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adjudicated by a magistrate judge. 28 U.S.C. § 636(c); Fed. R. Civ. P. 73.

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On June 22, 2018, the Court granted Hertz’s motion to dismiss the complaint with leave to

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amend. Mr. Heredia was given until July 12, 2018 to file his amended pleading. That deadline

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has passed, and Mr. Heredia has not filed an amended complaint.

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Accordingly, the Court orders Mr. Heredia to show cause why this case should not be

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dismissed with prejudice for failure to prosecute this matter. Mr. Heredia shall file a written

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response to this order by August 3, 2018. A hearing on this order to show cause is set for August

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7, 2018, 10:00 a.m., Courtroom 2, Fifth Floor, United States District Court, 280 South First Street,

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San Jose, California. If Mr. Heredia fails to file a written response or fails to appear at the

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hearing, the Court will dismiss this case with prejudice for failure to prosecute.
IT IS SO ORDERED.
Dated: July 23, 2018

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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