Ybarra v. County of Santa Clara et al

Filing 7

ORDER TO PLAINTIFF to Show Cause for failure to Prosecute; Continuing Case Management Conference to November 29, 2023. Plaintiff to show cause in writing by 11/22/2023. The Court continues the CMC from 11/15/2023, to 11/29/2023, at 11:00 AM in person in San Jose, Courtroom 5, 4th Floor. Case Management Statement due by 11/22/2023. Signed by Judge Nathanael M. Cousins on 11/14/2023. (lmh, COURT STAFF) (Filed on 11/14/2023)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ROSEMARY YBARRA, 7 Case No. 23-cv-04079 NC Plaintiff, 6 v. 8 SANTA CLARA COUNTY, and others, 9 Defendants. ORDER TO PLAINTIFF TO SHOW CAUSE FOR FAILURE TO PROSECUTE CASE; CONTINUING CASE MANAGEMENT CONFERENCE TO NOVEMBER 29, 2023 10 United States District Court Northern District of California 11 12 This is civil right case that Plaintiff Rosemary Ybarra filed on August 11, 2023. 13 Since filing the Complaint, Plaintiff and her counsel have not advanced the litigation. 14 There is no evidence that they have served defendants with the summons and complaint as 15 required by Fed. R. Civ. P. 4; they did not file a case management conference statement by 16 November 8, 2023, as ordered (Dkt. No. 5); and have not responded to the request to file a 17 form either consenting or declining the jurisdiction of a magistrate judge (Dkt. No. 6). 18 Accordingly, the Court orders Plaintiff to show cause in writing filed by November 19 22, 2023, as to why the Court should not dismiss this case for failure to prosecute and for 20 failure to timely serve the summons and complaint under Fed. R. Civ. P. 4(m). The Court 21 also continues the Case Management Conference from November 15, 2023, to November 22 29, 2023, in person at 11:00 a.m. in San Jose courtroom 5. A Case Management 23 Conference statement must be filed by November 22, 2023. 24 25 IT IS SO ORDERED. 26 27 28 Dated: November 14, 2023 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge

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