Craig Schmitman v. AT and T Mobility, LLC

Filing 34

MINUTE (IN CHAMBERS): ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge John F. Walter. The parties are ordered to show cause, in writing, no later than July 7, 2023, why this action should not be dismissed for lack of prosecution. (iv)

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

CV 17-5685-JFW (MRWx)

Title:

Craig Schmitman -v- AT and T Mobility, LLC

Date: June 27, 2023

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

ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK
OF PROSECUTION

On January 18, 2018, the Court granted Defendant At&t Mobility, LLC’s Motion to Confirm
and Enforce an Arbitration Award and to Compel Arbitration of the Remaining Claims. The Court
confirmed the January 25, 2017 arbitration award and dismissed Plaintiff’s Telephone Consumer
Protection Act claim on res judicata grounds. The parties were ordered to arbitrate Plaintiff’s
emotional distress claim. The Court stayed the action pending the outcome of the arbitration and
ordered the parties to file a joint status report with the Court every 120 days regarding the status of
the arbitration with the first report starting on May 8, 2018. To date no report has been filed with
the Court. Accordingly, the parties are ordered to show cause, in writing, no later than July 7,
2023, why this action should not be dismissed for lack of prosecution.
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 response
to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the
dismissal of this action.
IT IS SO ORDERED.

Initials of Deputy Clerk sr