Mangia Media Inc. et al v. University Pipeline Inc. et al

Filing 36

ORDER TO SHOW CAUSE. Show Cause Response due by 7/5/2012. Signed by Judge Nathanael M. Cousins on 06/18/2012. (nclc2, COURT STAFF) (Filed on 6/18/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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MANGIA MEDIA, INC., et al.,

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Plaintiffs,

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Case No. 12-cv-01142 NC
ORDER TO SHOW CAUSE FOR
FAILURE TO PROSECUTE

v.

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UNIVERSITY PIPELINE, INC., THOMAS
UNGER,

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Defendants.

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On March 12, 2012, this action for breach of contract and bad faith was transferred

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from the United States District Court, for the Eastern District of New York, to this Court.

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Order Transferring Case, Dkt. No. 29. This Court scheduled a case management

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conference for June 20, 2012, and ordered the parties to file a joint case management

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conference statement by June 13, 2012. Scheduling Order, Dkt. No. 31. The Court also

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ordered the parties to consent or decline to proceeding before a magistrate judge under 28

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U.S.C. § 636. Standing Order, Dkt. No. 31-1. The parties failed to file a case

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management conference statement and failed to consent or decline to proceeding before a

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magistrate judge.

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An action may be dismissed under Rule 41(b) of the Federal Rules of Civil

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Procedure for failure to prosecute or to comply with a court order. See Hells Canyon

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Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing

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that a district court may dismiss an action in accordance with Federal Rule of Civil

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Procedure 41(b) sua sponte for a plaintiff’s failure to prosecute or comply with a court
Case No. 12-cv-01142 NC
ORDER TO SHOW CAUSE

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order); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (a district court

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may dismiss an action for failure to comply with any order of the court).

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Accordingly, plaintiffs are ordered to show cause in writing why this action should

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not be dismissed under Rule 41(b) for failure to prosecute and failure to comply with a

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court order. On or before July 5, 2012, the plaintiffs shall file with the Court a statement

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presenting the status of this action, the reason it has not been prosecuted, and the expected

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course of the action if it is not dismissed. Each of the parties must also file a consent or

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declination to magistrate court jurisdiction by July 5. Failure to comply with this order

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will be deemed sufficient grounds for dismissal.

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The case management conference scheduled for June 20, 2012 is CONTINUED to
July 11, 2012, 10:00 a.m.

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IT IS SO ORDERED.
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DATED: June 18, 2012
___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 12-cv-01142 NC
ORDER TO SHOW CAUSE

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