Opinion
24-cv-02293-EMC
08-12-2024
GUADALUPE SERNA, Plaintiff, v. WALNUT AVE FAMILY & WOMEN'S CENTER, Defendant.
ORDER TO SHOW CAUSE
DOCKET NO. 11
EDWARD M. CHEN, United States District Judge
Previously, Defendant filed a motion to dismiss. See Docket No. 11 (motion). On July 8, 2024, the Court issued an order setting the motion for hearing and setting out a briefing schedule for the motion. Plaintiff's opposition was due on July 11, 2024. The Court warned Plaintiff that failure to oppose the motion may be deemed consent to the granting of the motion and may result in dismissal which would end the case. See Docket No. 20 (order).
The hearing was initially set for August 29, 2024, but was subsequently changed to August 28, 2024. See Docket No. 27 (Clerk's notice changing hearing date, filed on 7/29/2024).
Although some Court-issued documents have been returned as undeliverable to Plaintiff (e.g., form on consent/declination to magistrate judge jurisdiction), there is no indication that this Court order was not successfully mailed.
Plaintiff did not file an opposition by July 11, 2024, as ordered by the Court. Nor has she since filed an opposition to Defendant's motion. Accordingly, the Court hereby VACATES the hearing on Defendant's motion to dismiss and ORDERS Plaintiff TO SHOW CAUSE as to why her case should not be dismissed without prejudice based on a failure to prosecute (including by failing to file an opposition to Defendant's motion). In her response, Plaintiff shall also address, on the merits, why the Court should deny Defendant's motion to dismiss.
Plaintiff's response to this order to show cause shall be filed by September 3, 2024. Plaintiff is forewarned that a failure to file her response by this deadline shall result in an automatic dismissal of her case, without prejudice, for failure to prosecute.
IT IS SO ORDERED.