Isaac Haber v. Darren R. Jamison et al

Filing 42

MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION 38 by Judge Dolly M. Gee: Plaintiffs are ORDERED TO SHOW CAUSE why this case should not be dismissed for lack of prosecution. By no later than 3/1 2/2020, Plaintiffs shall file a response indicating whether they intend to continue to pursue any claims raised this action and, if so, Plaintiffs shall propose a schedule for further proceedings. Plaintiffs' failure to file a response by the above-indicated date shall result in the dismissal of this action with prejudice for lack of prosecution. See document for further details. Court Reporter: Not Reported. (gk)

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

CV 16-1569-DMG (RAOx)

Date

Title Isaac Haber v. Darren R. Jamison, et al.
Present: The Honorable

February 26, 2020
Page

1 of 2

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS — ORDER TO SHOW CAUSE WHY CASE SHOULD
NOT BE DISMISSED FOR LACK OF PROSECUTION [38]

This is a shareholder derivative action that has been related to another case, In re
Capstone Turbine Corp. Securities Litigation, Case No. 2:15-cv-08914-DMG-RAO (“Capstone
Securities Litigation”).
In its March 13, 2018 Order [Doc. # 38] and in response to the parties’ March 9, 2018
stipulation [Doc. # 37], this Court stayed these proceedings
until the earlier of (i) the close of fact discovery in the [Capstone Securities
Litigation] Securities Action, or (ii) the deadline for appealing a dismissal of the
Securities Action with prejudice . . . .
Within thirty (30) days after either the close of fact discovery in the Securities
Actions, or the deadline for appealing a dismissal of the Securities Action with
prejudice (whichever occurs first), the Parties in this Action will meet and confer
in good faith to determine a schedule for the Action going forward, and will
submit a proposed scheduling stipulation for this Court’s review and approval.
[Doc. # 38 at 2.]
Fact discovery in the Capstone Securities Litigation closed on April 26, 2019 [see CV
15-8914, Doc. # 100-1] and the case was closed on November 15, 2019 following a class action
settlement. [See CV 15-8914, Doc. # 134.]
No relevant further action has since been taken in this action. Accordingly, Plaintiffs are
ORDERED TO SHOW CAUSE why this case should not be dismissed for lack of prosecution.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT

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

CV 16-1569-DMG (RAOx)

Title Isaac Haber v. Darren R. Jamison, et al.

Date

February 26, 2020
Page

2 of 2

By no later than March 12, 2020, Plaintiffs shall file a response indicating whether they
intend to continue to pursue any claims raised this action and, if so, Plaintiffs shall propose a
schedule for further proceedings.
Plaintiffs’ failure to file a response by the above-indicated date shall result in the
dismissal of this action with prejudice for lack of prosecution.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT