Mejia et al v. Weeks Wholesale Rose Grower, Inc. et al

Filing 10

ORDER to Plaintiffs to SHOW CAUSE Why Sanctions, Including Dismissal, Should Not Be Imposed for Failure to Comply with the Court's Order and to Prosecute this Action, signed by Magistrate Judge Jennifer L. Thurston on 12/3/2012. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TEOFILIO MEJIA, et al., Plaintiffs, 12 v. 13 14 15 WEEKS WHOLESALE ROSE GROWER, INC., et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:10-cv-01396 -- JLT ORDER TO PLAINTIFFS TO SHOW CAUSE WHY SANCTIONS, INCLUDING DISMISSAL, SHOULD NOT BE IMPOSED FOR FAILURE TO COMPLY WITH THE COURT’S ORDERS AND TO PROSECUTE THIS ACTION 17 18 On October 19, 2010, Defendant Weeks Wholesale Rose Grower, Inc., filed a notice of filing 19 bankruptcy. (Doc. 6) Soon thereafter, on December 3, 2010, the Court issued is acknowledgement of 20 the bankruptcy filing and ordered, “Plaintiff shall obtain an order for relief from stay of bankruptcy 21 as to said Defendants, or give notice of its intent to proceed with the balance of this action as to all 22 other Defendants except as to the bankrupt parties. Plaintiff shall notify the court within 45 days as 23 to the actions it has taken.” (Doc. 7, emphasis added) Despite this, Plaintiffs have never responded to 24 the Court’s order and the matter has languished. 25 /// 26 /// 27 /// 28 /// 1 ORDER 1 2 Within 10 days, Plaintiffs SHALL show cause why sanctions should not be imposed, up to and 3 including an order of dismissal, based upon Plaintiffs’ failure to comply with the Court’s orders and its 4 failure to prosecute this action. 5 6 7 8 9 IT IS SO ORDERED. Dated: December 3, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 9j7khijed 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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