Curtis Johnson v. Serenity Transportation, Inc. et al

Filing 330

ORDER TO SHOW CAUSE TO PLAINTIFF ARANDA. Signed by Magistrate Judge Jacqueline Scott Corley on 1/7/2021. Show Cause Response due by 1/19/2021. (ahm, COURT STAFF) (Filed on 1/7/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CURTIS JOHNSON, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 15-cv-02004-JSC
ORDER TO SHOW CAUSE TO
PLAINTIFF ARANDA

v.
SERENITY TRANSPORTATION, INC., et
al.,
Defendants.

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On December 10, 2020, the Court approved the settlement agreement between Plaintiffs

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and Defendants SCI California Funeral Services, Inc. (“SCI California”) and Service Corporation

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International (“SCI”). (Dkt. No. 326.) The parties have stipulated to entry of an order dismissing

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with prejudice Plaintiffs’ claims against SCI California and SCI, with the exception of Plaintiff

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Anthony Aranda. (Dkt. Nos. 327 & 328.) Mr. Aranda is a party to the settlement agreement and

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cannot be located or contacted by now former counsel, Mr. Ruskin. Because the settlement

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agreement is conditioned on the dismissal with prejudice of all Plaintiffs’ claims, the settlement by

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its terms cannot be finalized until Mr. Aranda’s claims are dismissed as well. (Dkt. No. 327.)

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Given Mr. Aranda’s failure to respond to counsel’s repeated attempts to contact him over

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the past months, and that Mr. Aranda has not contacted counsel in over two years (Dkt. No. 320-1

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at 2), Mr. Aranda is ORDERED TO SHOW CAUSE why his claims should not be dismissed with

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prejudice in light of his failure to prosecute his claims. See Federal Rule of Civil Procedure 41(b).

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Mr. Aranda is ordered to file a response to this Show Cause Order by January 19, 2021. Mr.

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Aranda is warned that his failure to respond to this Order will result in dismissal of his claims with

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prejudice. Plaintiffs’ counsel shall mail a copy of this Order to Mr. Aranda’s last-known address.

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The Court will schedule a hearing or telephonic conference with the parties, if necessary,

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should Mr. Aranda file a response to this Show Cause Order.
IT IS SO ORDERED.
Dated: January 7, 2021

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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