Heatherly et al v. Buffalo Exchange Ltd. et al

Filing 12

ORDER DISCHARGING 10 ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE. 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.
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No. C 13-03081 LB
ORDER DISCHARGING ORDER TO
SHOW CAUSE RE: FAILURE TO
PROSECUTE

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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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 did 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. As of December 17, 2013, they had not done so.

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Accordingly, on December 18, 2013, the court ordered Plaintiffs to show cause why this action

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should not be dismissed for failure to prosecute it. Order to Show Cause, ECF No. 10. Later that

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day, Plaintiffs filed a Notice of Need for Mediation, in which they stated that the parties conducted a

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site inspection and were discussing settlement. Notice of Need for Mediation, ECF No. 11. In light

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of Plaintiffs’ Notice, the court discharges its order to show cause. The parties are directed to comply

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with the deadlines set forth in the ADR Scheduling Order. If they want to adjust those deadlines,

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they must ask the court for permission to do so.

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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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