Salem Rosales v. Bally Americas Inc. et al

Filing 15

ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Stanley Blumenfeld, Jr.: IT IS HEREBY ORDERED that Defendant no later than 9/13/2021 shall file (1) a response to show cause why it should not be sanctioned for disregarding the Court's prior Order to S how Cause, and (2) its answer to Plaintiff's complaint. However, if the parties have filed their proposed order to dismiss the entire action with prejudice by 9/10/2021, then Defendant is excused from making these additional filings, and the case will be closed. (gk)

September 7, 2021

VC
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SALEM ROSALES,

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Case No.: 2:21-cv-03734-SB-AFM

Plaintiff,
ORDER TO SHOW CAUSE RE:
DISMISSAL

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vs.

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BALLY AMERICAS, INC.,

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Defendant
After the parties filed a notice of settlement on June 28, 2021, the Court on
July 2 ordered them to show cause why the action should not be dismissed with
prejudice, ordering that:

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If the parties file a proposed order to dismiss the entire action with

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prejudice by August 27, 2021, the case will be dismissed and this

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order to show cause discharged without further notice. Otherwise, the

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defendants shall file a response to the complaint by September 3,

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2021, and the parties should be prepared for the Court to set a date for

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the mandatory scheduling conference within 30 days thereafter.

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Dkt. No. 13. The parties did not file a proposed order to dismiss the case with

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prejudice by August 27 or thereafter, nor did Defendant file a response to the

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complaint by September 3. Instead, the parties on August 27 filed a status report

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stating that “The parties are still in the process of finalizing a formal settlement

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agreement. A notice of dismissal with prejudice of Plaintiff’s individual claims

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will be filed upon execution of a formal settlement agreement.” Dkt. No. 14. The

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parties did not state when they expect to finalize their settlement, nor did they seek
leave to disregard the Court’s order that in the absence of a proposed dismissal
order, Defendant must file its answer by September 3.

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Accordingly, IT IS HEREBY ORDERED that Defendant no later than
September 13, 2021 shall file (1) a response to show cause why it should not be
sanctioned for disregarding the Court’s prior Order to Show Cause, and (2) its
answer to Plaintiff’s complaint. However, if the parties have filed their proposed
order to dismiss the entire action with prejudice by September 10, 2021, then
Defendant is excused from making these additional filings, and the case will be
closed.

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Dated: September 7, 2021

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Stanley Blumenfeld, Jr.
United States District Judge