Rosenda Flores et al v. City of California City et al

Filing 45

ORDER to SHOW CAUSE Requiring Plaintiff's Personal Appearances; ORDER DIRECTING Clerk of Court to Serve This Order on Plaintiffs, signed by District Judge Dale A. Drozd on 6/28/19. Show Cause Hearing set for 7/16/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (This order served on Plaintiffs pursuant to address listed on order.)(Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROSENDA FLORES, et al.,

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Plaintiffs,

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v.

No. 1:18-cv-00703-DAD-JLT

ORDER TO SHOW CAUSE REQUIRING
PLAINTIFFS’ PERSONAL APPEARANCES

CITY OF CALIFORNIA, et al.,
Defendants.

ORDER DIRECTING CLERK OF COURT TO
SERVE THIS ORDER ON PLAINTIFFS

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On April 30, 2019, the court issued an order granting defendants’ motion to dismiss

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plaintiffs’ second amended complaint. (Doc. No. 40.) Therein, the court also granted plaintiffs

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leave to file a third amended complaint, requiring that any such filing be filed and served within

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fourteen (14) days from the issuance of the order. (Id. at 13.) Immediately after the court issued

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the April 30, 2019 order, a legal assistant from the Law Offices of Olaf Landsgaard emailed the

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undersigned’s courtroom deputy and informed the court that Olaf Landsgaard—plaintiffs’

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counsel of record in this matter—passed away on April 23, 2019. The legal assistant further

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informed the court that attorney Landsgaard was a solo practitioner and that his office was in the

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process of securing new counsel to represent plaintiffs in this matter. Accordingly, on May 2,

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2019, the court issued a minute order removing the fourteen (14) day deadline to file an amended

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complaint and directing plaintiffs to notify the court within thirty (30) days from the issuance of
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that minute order whether they had found substitute counsel or, if not, how long they anticipate it

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would take them to find substitute counsel or whether they intend to proceed with this action pro

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se or whether they seek to dismiss this action. (Doc. No. 41.) Because it was unclear to the court

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whether plaintiffs ever received the May 2, 2019 minute order, on June 13, 2019, after the

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deadline to comply with the May 2, 2019 minute order lapsed, the court issued another minute

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order, directing the Clerk of the Court to mail a copy of the June 13, 2019 minute order, the May

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2, 2019 minute order, and the court’s order granting defendants’ motion to dismiss at an address

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for plaintiffs that has been provided to the court by attorney Landsgaard’s legal assistant. (Doc.

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No. 43.) The June 13, 2019 minute order redirected plaintiffs to inform the court within fourteen

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(14) days from the issuance of that order how they wished to proceed, if at all, with this action.

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(Id.) That fourteen (14) day deadline has now passed, and plaintiffs have not complied with the

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court’s orders or otherwise communicated with the court. The court has also, by email and

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telephone, attempted to contact the Law Offices of Olaf Landsgaard to ascertain what progress, if

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any, has been made with respect to securing substitute counsel for plaintiffs, but the court’s

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correspondences in this regard remain unanswered.

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Accordingly, it is hereby ordered that plaintiffs Rosenda Flores, Juan Flores, Jesus Flores,

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Rosanna Flores, and Ciriaco Flores are to appear personally on Tuesday, July 16, 2019, at 9:30

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A.M. in Courtroom 5 of the Robert E. Coyle United States Courthouse, 2500 Tulare St., Fresno,

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California and to show cause why this action should not be dismissed for failure to prosecute and

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for failure to obey the court’s orders. In the alternative, plaintiffs may appear telephonically, and

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may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Although

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defendants are not required to appear, they may do so and should do so if they have any

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information that can assist the court in understanding how plaintiffs wish to proceed in this

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action.

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The Clerk of Court is directed to serve this order on plaintiffs by mail at the below
address which has been provided by attorney Landsgaard’s legal assistant:

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21361 Reed Place
California City, CA 93505

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If plaintiffs no longer wish to pursue this action but rather wish to dismiss it, they may

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advise the court of that desire. If not, however, they must appear at the time and place specified

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above as ordered. Any failure on plaintiffs’ part to comply with this order will result in the

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dismissal of this action without prejudice.

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IT IS SO ORDERED.
Dated:

June 28, 2019
UNITED STATES DISTRICT JUDGE

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