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