Sompo Japan Insurance Company of America, Inc. et al v. BNSF Railway Company et al

Filing 36

PROCEEDINGS (IN CHAMBERS): FURTHER ORDER TO SHOW CAUSE RE: MISJOINDEROn August 15, 2017, the Court ordered Plaintiffs to show cause, in writing, no later than August 22, 2017, why one or more Plaintiffs and/or why one or more Defendants should not be severed from this action as a result of misjoinder. On August 21, 2017, Plaintiffs filed their Response to the Order to Show Cause. The Court finds that Response insufficient, and orders Plaintiffs to file, on or before August 29, 2017, a further re sponse to the Courts Order to Show Cause, which not only demonstrates that the claims arise out of the same transaction oroccurrence, but also specifically identifies the questions of law or fact common to all Plaintiffs and all Defendants that will arise in the action. See Fed. R. Civ. P. 20(a). In addition, the Court orders Plaintiffs to file a First Amended Complaint on or before August 29, 2017, which includes facts demonstrating that the requirements of Federal Rule of Civil Procedure 20(a) are met. No oral argument on this matter will be heard unless otherwise ordered by the Court. SeeFed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the further response to the Order to Show Cause. Failure to respond to the Order to Show Cause and failure to file the First Amended Complaint required by this Order will result in the severance of one or more parties or the dismissal of this action. (sr)

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

CV 17-4768-JFW (JEMx)

Title:

Sompo Japan Insurance Company of America, Inc., et al. -v- BNSF Railway
Company, et al.

Date: August 22, 2017

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

FURTHER ORDER TO SHOW CAUSE RE:
MISJOINDER

On August 15, 2017, the Court ordered Plaintiffs to show cause, in writing, no later than
August 22, 2017, why one or more Plaintiffs and/or why one or more Defendants should not be
severed from this action as a result of misjoinder. On August 21, 2017, Plaintiffs filed their
Response to the Order to Show Cause. The Court finds that Response insufficient, and orders
Plaintiffs to file, on or before August 29, 2017, a further response to the Court’s Order to Show
Cause, which not only demonstrates that the claims arise out of the same transaction or
occurrence, but also specifically identifies the questions of law or fact common to all Plaintiffs and
all Defendants that will arise in the action. See Fed. R. Civ. P. 20(a). In addition, the Court orders
Plaintiffs to file a First Amended Complaint on or before August 29, 2017, which includes facts
demonstrating that the requirements of Federal Rule of Civil Procedure 20(a) are met.
No oral argument on this matter will be heard unless otherwise ordered by the Court. See
Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand submitted upon the filing of the further
response to the Order to Show Cause. Failure to respond to the Order to Show Cause and failure
to file the First Amended Complaint required by this Order will result in the severance of one or
more parties or the dismissal of this action.
IT IS SO ORDERED.

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Initials of Deputy Clerk sr