Heatherly et al v. Buffalo Exchange Ltd. et al

Filing 10

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE. The court ORDERS Plaintiffs to show cause why this action should not be dismissed for failure to prosecute it. Plaintiffs SHALL do so by filing a written response no later than 5:00 p.m. Thursday, De cember 19, 2013. If Plaintiff does not file a response by the deadline, Plaintiff is warned that the court may dismiss the action without prejudice. If the action has settled, Plaintiffs and Defendants should file a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Show Cause Response due by 12/19/2013. Signed by Judge Laurel Beeler on 12/18/2013. (lblc2, COURT STAFF) (Filed on 12/18/2013)

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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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DAREN HEATHERLY, et al.,
Plaintiffs,

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v.

No. C 13-03081 LB
ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE

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BUFFALO EXCHANGE LTD., et al.,
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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
_____________________________________/
On July 3, 2013, Plaintiffs filed a complaint against Defendants Buffalo Exchange Ltd. and

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Roberta Lince for violations of the Americans with Disabilities Act. Complaint, ECF No. 1.

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Defendants were served, and they answered the complaint on August 22, 2013. Answer, ECF No. 7.

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Since then, it appears from the docket that nothing has happened. See generally Docket.

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Pursuant to the Scheduling Order issued on July 3, 2013, October 16, 2013 was the last day for the

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parties to hold a joint inspection of the subject premises. ADR Scheduling Order, ECF No. 2. The

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court does not know if this happened. 42 days after the joint inspection, the parties were to file a

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Notice of Need for Mediation. Id. They have not done so.

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Accordingly, the court ORDERS Plaintiffs to show cause why this action should not be

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dismissed for failure to prosecute it. Plaintiffs SHALL do so by filing a written response no later

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than 5:00 p.m. Thursday, December 19, 2013. If Plaintiff does not file a response by the deadline,

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Plaintiff is warned that the court may dismiss the action without prejudice. If the action has settled,

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Plaintiffs and Defendants should file a stipulation of dismissal pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii).

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C 13-03081 LB
ORDER TO SHOW CAUSE

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IT IS SO ORDERED.

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Dated: December 18, 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 13-03081 LB
ORDER TO SHOW CAUSE

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