Lazarte v. Velocity Express et al

Filing 42

ORDER DISCHARGING ORDER DIRECTING DEFENDANTS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED; DIRECTIONS TO PLAINTIFF. The order to show cause is discharged as to defendants. Plaintiff is afforded leave to file, no later than July 31, 2015, a supplement to her response. Signed by Judge Maxine M. Chesney on July 17, 2015. (mmclc1, COURT STAFF) (Filed on 7/17/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ELSA LAZARTE,
Plaintiff,

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No. C-13-5654 MMC
ORDER DISCHARGING ORDER
DIRECTING DEFENDANTS TO SHOW
CAUSE WHY SANCTIONS SHOULD
NOT BE ISSUED; DIRECTIONS TO
PLAINTIFF

v.

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VELOCITY EXPRESS LEASING, INC.,
VELOCITY EXPRESS INC., VELOCITY
EXPRESS, LLC.

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Defendants.

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/

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By order filed June 24, 2015, the Court directed plaintiff and defendants to show

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cause, separately, why sanctions should not be imposed for their third failure to file a timely

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case management statement. Before the Court are separate responses from plaintiff and

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defendants, each response having been filed July 2, 2015. Having read and considered

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the responses, the Court rules as follows.

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As defendants have sufficiently explained the reason for their participation in the late

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filing, the Court finds imposition of sanctions on defendants are unwarranted, and,

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accordingly, hereby DISCHARGES the order to show cause as to defendants.

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Plaintiff’s response asserts that plaintiff has been prosecuting her case by, inter alia,

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attempting to settle the matter, but does not address the issue identified in the order to

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show cause, specifically, why plaintiff should not be sanctioned for filing, for the third time,

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an untimely case management statement. Consequently, the Court will not discharge the

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order to show cause as to plaintiff. Rather than impose sanctions at this time, however, the

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Court will afford plaintiff leave to file, no later than July 31, 2015, a supplement to her

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response, to address why she should not be sanctioned for failing to file a timely case

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management statement.

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IT IS SO ORDERED.

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Dated: July 17, 2015
MAXINE M. CHESNEY
United States District Judge

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