Abuhamdeh v. Club One, LLC

Filing 21

ORDER TO SHOW CAUSE. Response due July 10 at noon. Signed by Judge Alsup on July 8, 2014. (whalc1, COURT STAFF) (Filed on 7/8/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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RASHAN ABUHAMDEH, individually
and on behalf of all others similarly
situated,

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No. C 14-00415 WHA

Plaintiff,
v.
CLUB ONE, LLC,

ORDER TO SHOW CAUSE

Defendant.
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In January 2014, plaintiff filed a putative collective and class action complaint against

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defendant Club One, LLC. (Club One, Inc. is not a named defendant.) In April 2014, default

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was entered against Club One, LLC. Following the first case management conference (where

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defendant did not appear), a further case management conference was set for July 2014.

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On July 1, the case management conference was reset for July 8 at 10:30 a.m. (Dkt. No. 19).

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On July 3, plaintiff’s counsel acknowledged the July 8 hearing date by filing a case

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management statement. Plaintiff’s counsel represented that “Club One LLC, filed for Chapter 7

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Bankruptcy in the Northern District of California, case no. 14-bk-30802” (Dkt. No. 20)

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(emphasis added). Case number 14-bk-30802, however, is Club One, Inc.’s voluntary petition.

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On July 8 (the noticed hearing date), the matter was called more than thirty minutes after
the noticed hearing time; no one appeared.

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By NOON ON JULY 10, plaintiff shall show cause: (1) why plaintiff did not appear for

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the noticed case management conference and (2) why this action against Club One, LLC should

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be stayed in light of a voluntary petition filed by Club One, Inc. This is plaintiff’s opportunity

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to fully brief any motion to stay this action, otherwise this action will be dismissed for failure to

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prosecute and counsel’s failure to show up at a noticed case management conference.

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Plaintiff’s submission should address the relationship, if any, between Club One, LLC and Club

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One, Inc. based on evidence revealed by reasonable diligence. If plaintiff intends to proceed

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with this action, plaintiff shall address how this action would proceed and all motions expected

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to be filed (with proposed deadlines).

United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: July 8, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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