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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 YANA ZELKIND, 7 Case No. 15-cv-03375-WHO Plaintiff, 8 ORDER TO SHOW CAUSE v. Re: Dkt. No. 39 9 FLYWHEEL NETWORKS, INC., 10 Defendant. United States District Court Northern District of California 11 12 On October 16, 2015, I granted defendant’s motion to compel arbitration and required the 13 14 parties to file a Joint Status Report every six months apprising the Court of the status of the 15 arbitration. Dkt. No. 38. On April 15, 2016, defendant filed a status report explaining that arbitration had not 16 17 commenced and that Alexander Johnson, plaintiff’s counsel of record, has indicated that he no 18 longer represents plaintiff1 and would not oppose a dismissal without prejudice. Dkt. No. 39. 19 However, defendant was unable to secure a joint stipulation regarding a dismissal without 20 prejudice and now seeks a dismissal with prejudice from the Court. Accordingly, plaintiff is ORDERED TO SHOW CAUSE why this action should not be 21 22 dismissed for failure to prosecute. Because the relationship between Johnson and plaintiff is 23 unclear, Johnson shall notify plaintiff of this Order by telephone and serve plaintiff with a copy of 24 this Order by fax or email and U.S. mail within five days of the date of this Order. Johnson must 25 file proof of service with the Court by May 2, 2016. Plaintiff shall respond by May 12, 2016, 26 explaining why this case should not be dismissed with prejudice. If Johnson seeks to withdraw 27 1 28 No motion to withdraw as counsel or substitution of counsel has been filed with the Court and Johnson remains counsel of record. 1 from plaintiff’s representation, he shall file and serve (in the manner discussed earlier in this 2 paragraph) a motion to withdraw within five days of the date of this order. It must appear from a 3 declaration accompanying the motion that plaintiff has actual notice of the motion. Plaintiff shall 4 respond to the motion to withdraw by May 12, 2016. 5 6 7 8 9 10 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 ______________________________________ WILLIAM H. ORRICK United States District Judge 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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