Vartanian v. Nationwide Legal, Inc et al

Filing 97

ORDER TO APPEAR AND ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 4/9/2014 02:00 PM. All counsel and Mr. Vartanian shall appear on April 9, 2014, at 2:00 p.m. to SHOW CAUSE why this case should not be dismissed for failure to prosecute and failure to comply with the Local Rules and Orders of this Court. Local counsel and Mr. Vartanian shall appear in person. Pro Hac Vice counsel may appear by telephone, with prior arrangement with courtroom deputy. Signed by Judge William H. Orrick on 03/26/2014. (jmdS, COURT STAFF) (Filed on 3/26/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GREG VARTANIAN, Case No. 12-cv-00691-WHO Plaintiff, 8 v. ORDER TO APPEAR AND ORDER TO SHOW CAUSE 9 10 NATIONWIDE LEGAL, LLC, et al., Defendants. United States District Court Northern District of California 11 12 By stipulation and Order dated February 13, 2014, plaintiff was to file his motion for 13 preliminary approval of the class action settlement by February 20, 2014. Docket No. 88. 14 Instead of filing the required motion for preliminary approval, on that date plaintiff filed a “status 15 report” indicating that: “Due to unforeseen circumstances, Plaintiff’s Counsel is unable to file the 16 Motion for Preliminary Approval of Settlement Agreement with an executed Stipulation of 17 Settlement and Release. Counsel for Plaintiff and Defendants have conferred and Defendant has 18 indicated it intends to file a motion to enforce the settlement.” Docket No. 89. 19 On March 5, 2014, defendants filed a motion to enforce the class action settlement that 20 defendants believed was reached with plaintiff and his counsel. Docket No. 96. The motion to 21 enforce is set for hearing on April 9, 2014 at 2:00 p.m. 22 In violation of the Civil Local Rules, plaintiff has not filed an opposition or otherwise 23 responded to defendants’ motion to enforce. Civ. L.R. 7-3. In violation of this Court’s Order, as 24 of this date, plaintiff has not filed his motion for preliminary approval. 25 All counsel and Mr. Vartanian shall appear on April 9, 2014, at 2:00 p.m. to SHOW 26 CAUSE why this case should not be dismissed for failure to prosecute and failure to comply 27 with the Local Rules and Orders of this Court. Fed. Rule Civ. Proc. 41(b). Local counsel and 28 Mr. Vartanian shall appear in person. Pro Hac Vice counsel may appear by telephone, with prior 1 2 3 4 5 arrangement with my courtroom deputy (WHO_CRD@cand.uscourts.gov). IT IS SO ORDERED. Dated: March 26, 2014 ______________________________________ WILLIAM H. ORRICK United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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