Cotti et al v. California Department of Human Services Director et al

Filing 99

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURT ORDER AND FAILURE TO PROSECUTE. Show Cause Response due by 2/20/2019. Signed by Judge Beth Labson Freeman on 2/13/2019. (blflc1S, COURT STAFF) (Filed on 2/13/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

ALICE COTTI, et al.,
Plaintiffs,

9
v.

10

United States District Court
Northern District of California

11

Case No. 18-cv-02980-BLF

WILL LIGHTBOURNE, et al.,
Defendants.

12

ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO
COMPLY WITH COURT ORDER AND
FAILURE TO PROSECUTE

13
14
On December 19, 2018, the Court granted Defendants’ motions to dismiss the second

15
16

amended complaint with leave to amend. See ECF 93. The Court set a deadline of January 11,

17

2019 for Plaintiffs to file a third amended complaint. See id.
On January 11, 2019, Plaintiffs filed an Ex Parte Application to extend the deadline to file

18
19

a third amended complaint. See ECF 95. In the application, Plaintiffs’ counsel represented that

20

she had suffered illness which prevented her from meeting the January 11, 2019 deadline. See id.

21

The Court granted an extension of the deadline for amendment until February 4, 2019. See ECF

22

96.

23

Plaintiffs have neither filed a third amended complaint nor requested a further extension of

24

time to do so. On February 11, 2019, Defendant Peace Officers Standards & Training

25

Commission (“POST”) filed a document titled Opposition to Plaintiff’s Ex Parte Application for

26

Order Extending Time to File Pleadings. See ECF 98. POST’s filing appears to be a response to

27

an application by Plaintiffs seeking a further extension of time. See id. However, as noted above,

28

Plaintiff has not filed any such application with the Court.

1

Plaintiffs are ORDERED TO SHOW CAUSE, in writing and on or before February 20,

2

2019, why this action should not be dismissed for failure to comply with the Court’s order

3

requiring amendment on or before February 4, 2019 and for failure to prosecute.

4

IT IS SO ORDERED.

5
6
7
8

Dated: February 13, 2019
______________________________________
BETH LABSON FREEMAN
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2