Weiss v. City of Santa Rosa Police Department et al

Northern District of California, cand-4:2015-cv-01639

ORDER TO SHOW CAUSE RE:FAILURE TO PROSECUTE. Show Cause Response due by 5/13/2016. Signed by Judge Yvonne Gonzalez Rogers on 5/5/16.

Interested in this case?

Current View

Full Text

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 TERRY L. WEISS, Case No.: 15-CV-01639-YGR 4 Plaintiff, ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE 5 vs. 6 CITY OF SANTA ROSA POLICE DEPARTMENT, ET AL., 7 Defendants. 8 Plaintiff Terry Weiss, proceeding pro se, brings this action against the Santa Rosa Police 9 Department, individuals associated with the police department individually and in their official 10 capacity, and three Sonoma County entities herein referred to as the "County Defendants." Plaintiff 11 filed a Second Amended Complaint against these defendants on December 12, 2015. (Dkt. No. 26, 12 the "SAC".) On April 11, 2016, the County Defendants filed a motion to dismiss the SAC. (Dkt. No. Northern District of California United States District Court 13 39.) Plaintiff's response was due on April 25, 2016, and any replies would have been due on May 2, 14 2016. Plaintiff has yet to file a response to the County Defendants' motion to dismiss. As a result, 15 16 the Court is considering dismissing plaintiff's lawsuit for "failure to prosecute," that is, a failure to 17 meet deadlines to keep the lawsuit moving forward. 18 Plaintiff is hereby ORDERED TO SHOW CAUSE why the Court should not dismiss the case for 19 failure to prosecute. Not later than Friday, May 13, 2016, plaintiff must file either: (i) a response to 20 the County Defendants' motion to dismiss; or (ii) a written response to this Order to Show Cause, 21 indicating why the case should not be dismissed for failure to prosecute. Failure to file a written 22 response will be deemed an admission that plaintiff does not intend to prosecute, and her case will be 23 dismissed without prejudice. 24 The Court also VACATES the hearing on County Defendants' motion to dismiss currently set 25 for May 17, 2016 26 IT IS SO ORDERED. 27 Date: May 5, 2016 ________________________________________ YVONNE GONZALEZ ROGERS 28 UNITED STATES DISTRICT COURT JUDGE