Zelkind v. Flywheel Networks, Inc.

Filing 40

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Order to Show Cause Hearing set for 5/17/2016 02:00 PM. Show Cause Response due by 5/12/2016.. Signed by Judge William Orrick on 04/22/2016. (wholc3, COURT STAFF) (Filed on 4/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YANA ZELKIND,

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Case No. 15-cv-03375-WHO

Plaintiff,
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ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 39

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FLYWHEEL NETWORKS, INC.,

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Defendant.

United States District Court
Northern District of California

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On October 16, 2015, I granted defendant’s motion to compel arbitration and required the

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parties to file a Joint Status Report every six months apprising the Court of the status of the

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arbitration. Dkt. No. 38.
On April 15, 2016, defendant filed a status report explaining that arbitration had not

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commenced and that Alexander Johnson, plaintiff’s counsel of record, has indicated that he no

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longer represents plaintiff1 and would not oppose a dismissal without prejudice. Dkt. No. 39.

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However, defendant was unable to secure a joint stipulation regarding a dismissal without

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prejudice and now seeks a dismissal with prejudice from the Court.
Accordingly, plaintiff is ORDERED TO SHOW CAUSE why this action should not be

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dismissed for failure to prosecute. Because the relationship between Johnson and plaintiff is

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unclear, Johnson shall notify plaintiff of this Order by telephone and serve plaintiff with a copy of

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this Order by fax or email and U.S. mail within five days of the date of this Order. Johnson must

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file proof of service with the Court by May 2, 2016. Plaintiff shall respond by May 12, 2016,

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explaining why this case should not be dismissed with prejudice. If Johnson seeks to withdraw

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No motion to withdraw as counsel or substitution of counsel has been filed with the Court and
Johnson remains counsel of record.

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from plaintiff’s representation, he shall file and serve (in the manner discussed earlier in this

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paragraph) a motion to withdraw within five days of the date of this order. It must appear from a

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declaration accompanying the motion that plaintiff has actual notice of the motion. Plaintiff shall

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respond to the motion to withdraw by May 12, 2016.

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A hearing is set in this matter for May 17, 2016 at 2:00 pm in Courtroom 2, 17th Floor, at
which time the order to show cause and any motion to withdraw will be argued and decided.
IT IS SO ORDERED.
Dated: April 22, 2016
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WILLIAM H. ORRICK
United States District Judge

United States District Court
Northern District of California

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