Filing 57

ORDER TO SHOW CAUSE, STATUS REPORT ORDER. Plaintiffs' Show Cause Response due by 6/12/2017. Order to Show Cause Hearing set for 6/29/2017 10:00 AM. Plaintiffs and Defendant Gable Jackson Payne's Status Report due by 6/19/2017. Signed by Judge Maria-Elena James on 6/5/2017. (mejlc2S, COURT STAFF) (Filed on 6/5/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALEJANDRO SANCHEZ, ET AL., Case No. 15-cv-03453-MEJ Plaintiffs, 8 v. STATUS REPORT ORDER 9 10 OCEANSIDE INVESTMENTS, INC., et al., Defendants. ORDER TO SHOW CAUSE Re: Dkt. No. 55 United States District Court Northern District of California 11 12 13 14 15 16 17 On May 5, 2017, the Court issued a Status Report Order in which it ordered the parties to take certain steps to resolve the action no later than June 2, 2017: 1. Defendant Gable Jackson Payne (“Payne”) to dismiss his counterclaims, or file a declaration that he intends to prosecute his counterclaims; 2. Plaintiffs Alejandro Sanchez and Juan Sanchez (collectively, “Plaintiffs”) to 18 file a notice of dismissal as to Defendant Oceanside Investment, Inc. 19 (“Oceanside”) or (2) a status report as to how they intend to proceed against 20 Oceanside in light of its status as a suspended corporation; and 21 3. Plaintiffs and Defendant Jeffe Payne Leffler (“Leffler”) to file either a joint 22 statement indicating whether further alternative dispute resolution efforts would 23 be productive or a notice of settlement. 24 Order ¶¶ 1-3, Dkt. No. 52. The Court vacated all trial and trial-related dates and set a case 25 management conference for September 28, 2017 at 10:00 a.m. Id. ¶ 4. 26 On May 30, 2017, Plaintiffs filed a notice of settlement as to Leffler. Notice, Dkt. No. 54. 27 On May 31, 2017, Payne filed a status report indicating he intends to prosecute his counterclaims 28 against Plaintiffs. Dkt. No. 55. 1 2 3 However, Plaintiffs did not respond to the Court’s Order as to Oceanside. Accordingly, the Court ORDERS the following: 1. Plaintiffs shall show cause why their case against Oceanside should not be dismissed for failure to prosecute and failure to comply with court deadlines. 5 Plaintiffs shall file a declaration by June 12, 2017. If a responsive declaration is 6 filed, the Court shall either issue an order based on the declaration or conduct a 7 hearing on June 29, 2017 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden 8 Gate Avenue, San Francisco, California. Notice is hereby provided that failure to 9 file a written response will be deemed an admission that Plaintiffs do not intend to 10 prosecute, and the case will be dismissed without prejudice. Thus, it is imperative 11 United States District Court Northern District of California 4 that the Court receive a written response by the deadline above. 12 2. In light of Payne’s intention to prosecute his counterclaims and Plaintiffs’ 13 anticipated dismissal of claims against Leffler (see Notice), Plaintiffs and Payne 14 shall file a joint status report indicating whether they believe a further settlement 15 conference, mediation, or other alternative dispute resolution process would be 16 productive. The parties shall file their status report by June 19, 2017. 17 IT IS SO ORDERED. 18 19 20 21 Dated: June 5, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 22 23 24 25 26 27 28 2

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