Charles H Thomas et al v. Fedex Freight Inc et al

Filing 19

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR SANCTIONS by Judge Dale S. Fischer. Plaintiffs counsel is ordered to respond by 6/27/2012 and to show cause why counsel should not be sanctioned in the amount of $250 for willful failure to comply with this Courts order. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 12-822 DSF (OPx)

6/20/12

Charles H. Thomas, et al. v. Fedex Freight, Inc., et al.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order to Show Cause re Dismissal for Lack of
Subject Matter Jurisdiction and for Sanctions

On February 28, 2012, this Court issued the following order:
Plaintiff alleges a violation of the Surface Transportation Assistance Act, 49
U.S.C. § 31105. However, he does not allege that he filed a complaint before the
Secretary of Labor and the Secretary failed to issue a final decision within 210
days. See 49 U.S.C. § 31105 (c); see also 49 U.S.C. § 31105(d) (petition for
judicial review of Secretary’s decisions to be filed in Court of Appeals).
Therefore, Plaintiff is ordered to show cause, in writing, by March 9, 2012 why
this claim should not be dismissed for lack of subject matter jurisdiction. See
Mattingly v. Heartland Express, Inc., 2011 WL 886170, *3-4 (N.D. Ind. 2011);
Rose v. Anderson Hay and Grain Co., 2010 WL 3211948, *1 (E.D. Wash. 2010).
IT IS SO ORDERED.
No response has been received. Plaintiff’s counsel is ordered to respond by June
27, 2012 and to show cause why counsel should not be sanctioned in the amount of $250
for willful failure to comply with this Court’s order.

CV-90 (12/02)

MEMORANDUM

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