Freshco Foodservice, Inc. v. United Distributors, Inc. et al

Filing 81

ORDER TO SHOW CAUSE by Judge Christina A. Snyder: In light of plaintiff's failure to appear at the status conference, and in the absence of any indication that plaintiff has retained new counsel, Court hereby orders plaintiff to show cause within 15 days (by 12/13/2011) why its complaint should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (kpa)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-4652 CAS (AJWx)

Title

FRESHCO FOOD SERVICE, INC. v. UNITED DISTRIBUTORS, INC.,
ET AL.

Present: The Honorable

Date

November 28, 2011

CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE

RITA SANCHEZ
Deputy Clerk

N/A
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

N/A

N/A

Proceedings:

(In Chambers:) ORDER TO SHOW CAUSE RE FAILURE TO
PROSECUTE

The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ.
P. 78; Local Rule 7-15.
On October 24, 2011, the Court granted motions to withdraw as attorneys filed by the
former counsel for each plaintiff Freshco Food Service, Inc., and defendant and counterclaimant
United Distributors, Inc. The Court admonished both parties that as corporate entities, they
would not be allowed to proceed pro se pursuant to local rule 83-2.10.1.
On November 28, 2011, the Court held a status conference regarding settlement. United
Distributors’ president, William R. Gerard, appeared and informed the Court that United
Distributors had retained new counsel who would be substituting into the case. Neither plaintiff
nor counsel on plaintiff’s behalf appeared at the status conference.
In light of plaintiff’s failure to appear at the status conference, and in the absence of any
indication that plaintiff has retained new counsel, the Court hereby orders plaintiff to show cause
within fifteen (15) days why its complaint should not be dismissed for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41(b).1
IT IS SO ORDERED.
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Initials of Preparer

:

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rs

1

The Court notes that Gerard indicated at the status conference that United Distributors,
Inc. would dismiss its counterclaims concurrently with the dismissal of plaintiff’s complaint.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-4652 CAS (AJWx)

Title

FRESHCO FOOD SERVICE, INC. v. UNITED DISTRIBUTORS, INC.,
ET AL.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Date

November 28, 2011

Page 2 of 2