Lucas et al v. Hertz Corporation

Filing 101

ORDER (1) TO SHOW CAUSE AND (2) SETTING A FURTHER CASE MANAGEMENT CONFERENCE. Show Cause Response due by 6/7/2013. Case Management Statement due by 7/25/2013. Further Case Management Conference set for 8/1/2013 11:00 AM in Courtroom C, 15th Floor, San Francisco.. Signed by Judge Laurel Beeler on 5/31/2013. (lblc2, COURT STAFF) (Filed on 5/31/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
KATHLEEN M. LUCAS, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
v.

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No. C 11-01581 LB
ORDER (1) TO SHOW CAUSE AND
(2) SETTING A FURTHER CASE
MANAGEMENT CONFERENCE

HERTZ CORPORATION,
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[Re: ECF No. 99, 100]
Defendants.
_____________________________________/
Kathleen Lucas and Dan Martin (collectively, “Plaintiffs”) filed the instant action against car

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rental company Hertz Corporation (“Hertz”). Notice of Removal, ECF No. 1 at 5-12

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(“Complaint”).1 Hertz filed counterclaims for equitable indemnity, apportionment, and declaratory

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relief against Mr. Martin. Amended Answer and Counterclaims, ECF No. 42. Ms. Lucas and Mr.

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Martin (as a plaintiff) are represented by attorney Cynthia McGuinn; Mr. Martin (as a

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counterdefendant) is represented by attorney Steven Toschi; and Hertz is represented by attorneys

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John Ranucci and Liza Siu Mendoza.

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On June 21, 2012, the court granted Hertz’s motion to compel Mr. Martin to arbitrate his claims

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pursuant to an arbitration agreement incorporated by reference into the car rental agreement that Mr.

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Martin signed. 6/21/2012 Order, ECF No. 53. This left Ms. Lucas’s claims against Hertz and

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Hertz’s counterclaims against Mr. Martin pending before this court. Ms. Lucas apparently agreed to

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 11-01581 LB
ORDER

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settle her claims against Hertz, but, to date, the parties have yet to file a stipulation of dismissal of

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her claims. See 1/23/2013 Minute Order, ECF No. 93; 2/21/2013 CMC Statement, ECF No. 98 at 4.

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In addition, Hertz has stated that it will dismiss its counterclaims against Mr. Martin, but, to date, the

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parties have yet to file a stipulation of dismissal of these claims, either. See 2/21/2013 CMC

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Statement, ECF No. 98 at 6 n.1.

claim is in arbitration. 2/25/2013 Order, ECF No. 99 at 2. To keep track of the case, the court also

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ordered the parties (i.e., all of them) to file a joint status update no later than May 30, 2013. Id. at 3.

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On May 30, 2013, Mr. Martin (as a counterdefendant) and Hertz filed a status update. 5/30/2013

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Status Update, ECF No. 100. Ms. Lucas and Mr. Martin (as a plaintiff) did not join in the statement.

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With respect to Ms. Lucas’s claims against Hertz (which, again, she apparently agreed to settle),

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For the Northern District of California

The court noted these outstanding dismissals in its order staying this case while Mr. Martin’s

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UNITED STATES DISTRICT COURT

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Hertz sent Ms. Lucas a “Release of Claims & Settlement Agreement” on March 28, 2013, but it still

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is awaiting the return of the executed agreement. Id. at 2. With respect to the dismissal of the

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claims that are not in arbitration, Hertz sent Ms. Lucas and Mr. Martin a proposed stipulation and

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order of dismissal on March 28, 2013, but it “only heard back from [Mr. Toschi, counsel for Mr.

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Martin (as a counterdefendant)], who accepted the proposed language” of it. Id. Mr. Martin (as a

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counterdefendant) and Hertz state that when Ms. Lucas returns the executed settlement agreement

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and the stipulation and order of dismissal, the case can be dismissed. Id.

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Due to Ms. Lucas’s and Mr. Martin’s (as a plaintiff) failure to participate in the status update, the

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court ORDERS their counsel, Ms. McGuinn, to show cause why she should not be sanctioned for

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her failure to comply with the court’s 2/25/2013 order. She may do so by filing a written response

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no later than June 7, 2013.

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In addition, the court SETS a Further Case Management Conference for August 1, 2013 at 11:00

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a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San

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Francisco, California, 94102. The parties shall file a joint case management conference statement

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no later than July 25, 2013.

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C 11-01581 LB
ORDER

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IT IS SO ORDERED.
Dated: May 31, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-01581 LB
ORDER

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