O2Micro, Inc. et al v. Yunfeng Li et al

Filing 16

ORDER TO SHOW CAUSE by Magistrate Judge Elizabeth D. Laporte. Show Cause Response due by 7/14/2015. (shyS, COURT STAFF) (Filed on 7/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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O2MICRO, INC., et al.,

Case No. 14-cv-04478-EDL

Plaintiffs,
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v.

ORDER TO SHOW CAUSE

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YUNGFENG LI, et al.,
Defendants.

United States District Court
Northern District of California

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On October 6, 2014, Plaintiff O2Micro, a California company, filed this complaint for

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copyright infringement, computer fraud and abuse, breach of contract, conversion, trespass, and

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related claims brought against two former employees and their subsequent employer for theft of

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trade secret source code. All of the Defendants are residents of China.

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During a case management conference on January 6, 2015, Plaintiff stated that service of

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process on the defendants would be complete within 90 days. The Court therefore continued the

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case management conference to May 5, 2015 to allow time for service. During the May 5, 2015

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case management conference, Plaintiff stated that the corporate defendant had been served and

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would respond to the complaint by the end of June. Plaintiff also stated that he recently located

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addresses for the individual Plaintiffs and hoped to serve them within the week (i.e., early May).

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The Court therefore continued the case management conference to July 7, 2015 with a case

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management conference statement due on June 30, 2015. Plaintiff did not file a case management

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conference statement and did not appear at the case management conference. No proofs of

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service or executed waivers have been filed and no Defendant has appeared despite Plaintiff’s

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repeated assurances that Defendants were being served.

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Accordingly, Plaintiff is ordered to show cause as to why this case should not be dismissed
for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff”s response to

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this Order to Show Cause shall be due no later than July 14, 2015. If Plaintiff fails to file a

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response to this Order to Show Cause by July 14, 2015, the Court will dismiss the action without

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prejudice for failure to prosecute.

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IT IS SO ORDERED.
Dated: July 7, 2015
______________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
Northern District of California

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