Sanchez et al v. Capital Contractors Inc. et al

Filing 88

ORDER DISCHARGING ORDER TO SHOW CAUSE AS TO PLAINTIFF JUAN CARLOS RAMIREZ; DISMISSING CLAIMS OF PLAINTIFFS JOSE ANTONIO HERNANDEZ, IRMA GONZALEZ AGUILAR, JUAN CARLOS HERNANDEZ, JOSE ALFARO AND LUCINA GALINDO. Signed by Judge Maxine M. Chesney on June 26, 2015. (mmclc1, COURT STAFF) (Filed on 6/26/2015)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
For the Northern District of California

United States District Court

10
No. C 14-2622 MMC

11
LILLIANA SANCHEZ, et al.,
12
Plaintiffs,
13
v.
14
CAPITAL CONTRACTORS INC.,
15
Defendant.
16

/

ORDER DISCHARGING ORDER TO
SHOW CAUSE AS TO PLAINTIFF JUAN
CARLOS RAMIREZ; DISMISSING
CLAIMS OF PLAINTIFFS JOSE
ANTONIO HERNANDEZ, IRMA
GONZALEZ AGUILAR, JUAN CARLOS
HERNANDEZ, JOSE ALFARO AND
LUCINA GALINDO

17
18

By order filed May 22, 2015, the Court ordered plaintiffs Juan Carlos Ramirez, Jose

19

Antonio Hernandez, Irma Gonzalez Aguilar, Juan Carlos Hernandez, Jose Alfaro and

20

Lucina Galindo, each of whom is proceeding pro se, to show cause, in writing and no later

21

than June 12, 2015, why their claims should not be dismissed, pursuant to Rule 41(b) of

22

the Federal Rules of Civil Procedure, for failure to appear as ordered at a regularly

23

scheduled case management conference in the above-titled action.

24

On June 12, 2015, counsel filed a notice of appearance on behalf of plaintiff Juan

25

Carlos Ramirez and, concurrently therewith, a response to the order to show cause, setting

26

forth plaintiff’s good faith, albeit mistaken, reasons for his failure to appear at the May 22,

27

2015 case management conference. Although the response is not supported by a

28

declaration by Juan Carlos Ramirez, the Court will accept the explanation set forth therein.

1
2
3

Accordingly, the order to show cause, to the extent it is directed to Juan Carlos
Ramirez, is hereby DISCHARGED.
The remaining five plaintiffs who were ordered to show cause, specifically, Jose

4

Antonio Hernandez, Irma Gonzalez Aguilar, Juan Carlos Hernandez, Jose Alfaro and

5

Lucina Galindo, have failed to respond to the Court’s order.

6

Accordingly, the claims of plaintiffs Jose Antonio Hernandez, Irma Gonzalez Aguilar,

7

Juan Carlos Hernandez, Jose Alfaro and Lucina Galindo are hereby DISMISSED without

8

prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

9

IT IS SO ORDERED.

10
11

Dated: June 26, 2015
MAXINE M. CHESNEY
United States District Judge

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