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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CURTIS JOHNSON, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-02004-JSC ORDER TO SHOW CAUSE TO PLAINTIFF ARANDA v. SERENITY TRANSPORTATION, INC., et al., Defendants. 12 13 On December 10, 2020, the Court approved the settlement agreement between Plaintiffs 14 and Defendants SCI California Funeral Services, Inc. (“SCI California”) and Service Corporation 15 International (“SCI”). (Dkt. No. 326.) The parties have stipulated to entry of an order dismissing 16 with prejudice Plaintiffs’ claims against SCI California and SCI, with the exception of Plaintiff 17 Anthony Aranda. (Dkt. Nos. 327 & 328.) Mr. Aranda is a party to the settlement agreement and 18 cannot be located or contacted by now former counsel, Mr. Ruskin. Because the settlement 19 agreement is conditioned on the dismissal with prejudice of all Plaintiffs’ claims, the settlement by 20 its terms cannot be finalized until Mr. Aranda’s claims are dismissed as well. (Dkt. No. 327.) 21 Given Mr. Aranda’s failure to respond to counsel’s repeated attempts to contact him over 22 the past months, and that Mr. Aranda has not contacted counsel in over two years (Dkt. No. 320-1 23 at 2), Mr. Aranda is ORDERED TO SHOW CAUSE why his claims should not be dismissed with 24 prejudice in light of his failure to prosecute his claims. See Federal Rule of Civil Procedure 41(b). 25 Mr. Aranda is ordered to file a response to this Show Cause Order by January 19, 2021. Mr. 26 Aranda is warned that his failure to respond to this Order will result in dismissal of his claims with 27 prejudice. Plaintiffs’ counsel shall mail a copy of this Order to Mr. Aranda’s last-known address. 28 The Court will schedule a hearing or telephonic conference with the parties, if necessary, 1 2 3 should Mr. Aranda file a response to this Show Cause Order. IT IS SO ORDERED. Dated: January 7, 2021 4 JACQUELINE SCOTT CORLEY United States Magistrate Judge 5 6 7 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

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