Irma Ramirez, et al v. Original US Restaurant, et al

Filing 12

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 3/18/2015 02:00 PM. Case Management Conference statement due by 3/4/2015. Signed by Judge Jon S. Tigar on February 19, 2015. (wsn, COURT STAFF) (Filed on 2/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IRMA RAMIREZ, et al.,

Case No. 14-cv-03244-JST

Plaintiffs,
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v.

ORDER TO SHOW CAUSE

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ORIGINAL US RESTAURANT, et al.,
Defendants.

United States District Court
Northern District of California

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On July 18, 2014, the Court issued a Scheduling Order for Cases Asserting Denial of Right

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of Access With Disabilities. ECF No. 3. That order set a variety of case deadlines, including the

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last day for plaintiffs to complete service, the last day for the parties to make initial disclosures,

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the last day for them to make a joint inspection of the premises, and so forth. Id.

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The last day for service on all defendants was September 16, 2014. Id. Plaintiffs

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eventually filed a certificate of service on November 6, 2014, ECF No. 10, although the certificate

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identifies only two defendants as having been served, not three as listed on the caption. Also, as to

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defendant Trinacria Bros., Inc., the plaintiffs claim to have served both Benjamin Ruiz as agent for

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service of process, and an unidentified 45-year-old, bald, 6-foot-2-inch man who was “apparently

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in charge of the office.” Id.; see also Cal. Code Civ. Proc. § 415.20 (“In lieu of personal delivery

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of a copy of the summons and complaint . . . a summons may be served by leaving a copy of the

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summons and complaint during usual office hours . . . with the person who is apparently in charge

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thereof”).

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On November 5, 2014, the plaintiffs requested entry of default against defendant 501

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Columbus, LLC, and default was entered on November 7, 2014. ECF Nos. 9, 11. Since that time,

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there has been no further activity in the case.

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The Court now sets a case management conference for Wednesday, March 18, 2015 at

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2:00 p.m. A case management statement must be filed by March 4, 2015. In addition to the topics

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required by the Court’s local rules, the plaintiffs should address whether Original US Restaurant is

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a defendant, as listed on the caption of the complaint, ECF No. 1; whether plaintiffs anticipate

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seeking entry of default against defendant Trinacria Bros., Inc., and if so, when; and what steps the

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plaintiffs anticipate taking to obtain a judgment against defendant 501 Columbus, LLC, and by

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when.

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Plaintiffs’ counsel must appear personally at the hearing. If plaintiffs’ counsel does not

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appear, in light of the passage of time without activity in the case, the Court will dismiss it with

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prejudice.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: February 19, 2015
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JON S. TIGAR
United States District Judge

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