Arres, et al. vs. The City of Fresno, et al.

Filing 46

ORDER to SHOW CAUSE Why Case Should Not Be Dismissed For Failure to Prosecute, signed by Magistrate Judge Sandra M. Snyder on 11/16/11. Show Cause Hearing set for 12/21/2011 at 10:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 BENICIA FUENTES as Guardian ad Litem of minors, L.G. and J.G. as successors in interest to Decedent, CASE NO. 1:10-cv-01628-LJO-SMS 11 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Plaintiff, 12 13 v. 14 THE CITY OF FRESNO, et al., Date: December 21, 2011 Time: 10:00 a.m. Courtroom 1 15 16 Defendants. / 17 18 19 At the November 16, 2011 hearing on their second motion to withdraw as counsel, 20 attorneys Yan Shrayberman and Mario DiSalvo, counsel for Plaintiff Benicia Fuentes, Guardian 21 ad Litem of minors, L.G. and J.G., represented that, as a result of their inability to locate Fuentes, 22 they are unable to proceed in their representation of the minor Plaintiffs. Because permitting 23 Shrayberman and DiSalvo to withdraw would impermissibly leave the minor Plaintiffs without 24 legal representation, the Court was constrained to deny the withdrawal motion. Nonetheless, the 25 Court acknowledges counsels’ representations that because of their inability to locate Fuentes, 26 they are unable to prosecute this case. 27 /// 28 /// 1 1 Accordingly, this Court HEREBY ORDERS that counsel appear at a hearing set for 2 10:00 a.m., December 21, 2011, before the Honorable Sandra M. Snyder, United States 3 Magistrate Judge prepared to show cause why this case should not be dismissed without 4 prejudice for failure to prosecute. 5 6 7 8 IT IS SO ORDERED. 9 Dated: icido3 November 16, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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