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)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 RASHAN ABUHAMDEH, individually and on behalf of all others similarly situated, 11 12 13 14 15 No. C 14-00415 WHA Plaintiff, v. CLUB ONE, LLC, ORDER TO SHOW CAUSE Defendant. / 16 In January 2014, plaintiff filed a putative collective and class action complaint against 17 defendant Club One, LLC. (Club One, Inc. is not a named defendant.) In April 2014, default 18 was entered against Club One, LLC. Following the first case management conference (where 19 defendant did not appear), a further case management conference was set for July 2014. 20 On July 1, the case management conference was reset for July 8 at 10:30 a.m. (Dkt. No. 19). 21 On July 3, plaintiff’s counsel acknowledged the July 8 hearing date by filing a case 22 management statement. Plaintiff’s counsel represented that “Club One LLC, filed for Chapter 7 23 Bankruptcy in the Northern District of California, case no. 14-bk-30802” (Dkt. No. 20) 24 (emphasis added). Case number 14-bk-30802, however, is Club One, Inc.’s voluntary petition. 25 26 27 28 On July 8 (the noticed hearing date), the matter was called more than thirty minutes after the noticed hearing time; no one appeared. 1 By NOON ON JULY 10, plaintiff shall show cause: (1) why plaintiff did not appear for 2 the noticed case management conference and (2) why this action against Club One, LLC should 3 be stayed in light of a voluntary petition filed by Club One, Inc. This is plaintiff’s opportunity 4 to fully brief any motion to stay this action, otherwise this action will be dismissed for failure to 5 prosecute and counsel’s failure to show up at a noticed case management conference. 6 Plaintiff’s submission should address the relationship, if any, between Club One, LLC and Club 7 One, Inc. based on evidence revealed by reasonable diligence. If plaintiff intends to proceed 8 with this action, plaintiff shall address how this action would proceed and all motions expected 9 to be filed (with proposed deadlines). United States District Court For the Northern District of California 10 11 IT IS SO ORDERED. 12 13 Dated: July 8, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?