Caesar Ruiz v. TAF, LLC

Filing 52

MEMORANDUM (In Chambers) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Dale S. Fischer. Order to Show Cause Hearing set for 7/24/2017 at 01:30 PM. Refer to the Court's order for specifics. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 15-2853 DSF (SSx)

7/6/17

Caesar Ruiz v. TAF, LLC

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
Prosecution

On October 23, 2015, Plaintiffs filed a notice of class action settlement. After
Plaintiffs had filed nothing to seek approval of the settlement, on February 8, 2016, the
Court ordered counsel to file a status report. On February 16, 2016, the parties filed a
joint status report that stated that they were “finalizing the settlement papers” and
expected to file a motion for preliminary approval within 45 days. Despite this
assurance, a motion for preliminary approval was not filed until October 17, 2016. At a
hearing on November 14, 2016, the Court noted numerous problems with the proposed
settlement and required Plaintiffs to refile. On December 13, 2016, a renewed motion for
preliminary approval was filed. On December 21, 2016, the Court denied that motion
without a hearing. In that order, the Court stated:
The renewed motion still contains no explanation of how the settlement amount
was reached or why it is fair, reasonable, or adequate. The proposed settlement
amount is $1,200,000, from which as much as $485,000 could be deducted
before distribution to the class. (The Court notes that in its opposition to the
motion to remand, Defendant asserted that damages - not including attorney’s
fees - could exceed $7.6 million.) In addition, Defendant agrees to distribute
50% of the net settlement amount, which includes the employer’s share of
payroll taxes and contributions. The agreement provides for a reversion to
Defendant of funds not claimed.
Dkt. No. 50.
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
No further action has been taken in the case. Six months have now past since the
Court denied the second motion for preliminary approval and 20 months have past since
the initial notice of settlement. Plaintiffs are therefore ordered to show cause, in writing,
no later than July 12, 2017, why this case should not be dismissed for lack of prosecution.
Defendant may file a brief stating its position no later than July 17, 2017. A hearing on
this OSC is set for July 24, 2017 at 1:30 p.m.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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