Alvarez et al v. Farmers Insurance Exchange et al

Filing 110

ORDER TO SHOW CAUSE - Plaintiffs shall file a brief, not to exceed 10 pages, responding to this Order to Show Cause by September 15, 2015. Defendant may file a 10-page response to plaintiffs' brief. Any response shall be filed by September 25 , 2015. The Order to Show Cause shall be withdrawn if the five non-responsive plaintiffs provide discovery before September 15, 2015. Show Cause Response due by 9/15/2015. Signed by Judge William H. Orrick on 07/17/2015. (jmdS, COURT STAFF) (Filed on 7/17/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MERCEDES ALVAREZ, et al.,

Case No. 14-cv-00574-WHO

Plaintiffs,
8
v.
9
10

FARMERS INSURANCE EXCHANGE,
Defendant.

ORDER TO SHOW CAUSE WHY NONRESPONSIVE OPT-IN PLAINTIFFS
SHOULD NOT BE DISMISSED PER
FRCP 37
Re: Dkt. No. 107

United States District Court
Northern District of California

11
12
13

The parties have submitted a joint statement of a discovery dispute regarding five FLSA

14

opt-in plaintiffs’ failure to respond to discovery. Dkt. No. 107. In March 2015, I allowed

15

defendant to propound discovery on 29 opt-in plaintiffs (10% of the opt-in plaintiffs). Five of

16

those opt-in plaintiffs have not responded and plaintiffs’ counsel admits that he has not been able

17

to communicate with them. Defendant wants to (i) dismiss the five non-responsive plaintiffs

18

pursuant to Federal Rule of Civil Procedure 37 for failure to participate in discovery and (ii) have

19

leave to propound discovery on the 280 remaining opt-in plaintiffs to see whether they also refuse

20

to participate in discovery and should be dismissed.

21

The opt-in plaintiffs’ failure to participate in discovery is troubling, but defendant’s effort

22

to dismiss them and to propound additional discovery is premature. Accordingly, plaintiffs are

23

Ordered to Show Cause why the five non-responsive opt-in plaintiffs should not be dismissed

24

pursuant to Rule 37 for failure to participate in discovery. Plaintiffs shall file a brief, not to exceed

25

10 pages, responding to this Order to Show Cause by September 15, 2015. Defendant may file a

26

10-page response to plaintiffs’ brief. Any response shall be filed by September 25, 2015. The

27

Order to Show Cause shall be withdrawn if the five non-responsive plaintiffs provide discovery

28

before September 15, 2015. In that event, the parties shall file a joint statement indicating that the

1

five non-responsive plaintiffs have provided discovery. If any of the five non-responsive plaintiffs

2

are ultimately dismissed, defendant will be allowed to propound discovery for an equal number of

3

additional opt-in plaintiffs.

4
5
6
7

IT IS SO ORDERED.
Dated: July 17, 2015
______________________________________
WILLIAM H. ORRICK
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2