ALEJANDRO SANCHEZ et al v. OCEANSIDE INVESTMENTS, INC. et al

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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEJANDRO SANCHEZ, ET AL.,

Case No. 15-cv-03453-MEJ

Plaintiffs,
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v.

STATUS REPORT ORDER

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OCEANSIDE INVESTMENTS, INC., et al.,
Defendants.

ORDER TO SHOW CAUSE
Re: Dkt. No. 55

United States District Court
Northern District of California

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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

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file a notice of dismissal as to Defendant Oceanside Investment, Inc.

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(“Oceanside”) or (2) a status report as to how they intend to proceed against

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Oceanside in light of its status as a suspended corporation; and

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3. Plaintiffs and Defendant Jeffe Payne Leffler (“Leffler”) to file either a joint

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statement indicating whether further alternative dispute resolution efforts would

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be productive or a notice of settlement.

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Order ¶¶ 1-3, Dkt. No. 52. The Court vacated all trial and trial-related dates and set a case

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management conference for September 28, 2017 at 10:00 a.m. Id. ¶ 4.

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On May 30, 2017, Plaintiffs filed a notice of settlement as to Leffler. Notice, Dkt. No. 54.

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On May 31, 2017, Payne filed a status report indicating he intends to prosecute his counterclaims

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against Plaintiffs. Dkt. No. 55.

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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.

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Plaintiffs shall file a declaration by June 12, 2017. If a responsive declaration is

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filed, the Court shall either issue an order based on the declaration or conduct a

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hearing on June 29, 2017 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden

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Gate Avenue, San Francisco, California. Notice is hereby provided that failure to

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file a written response will be deemed an admission that Plaintiffs do not intend to

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prosecute, and the case will be dismissed without prejudice. Thus, it is imperative

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United States District Court
Northern District of California

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that the Court receive a written response by the deadline above.

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2. In light of Payne’s intention to prosecute his counterclaims and Plaintiffs’

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anticipated dismissal of claims against Leffler (see Notice), Plaintiffs and Payne

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shall file a joint status report indicating whether they believe a further settlement

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conference, mediation, or other alternative dispute resolution process would be

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productive. The parties shall file their status report by June 19, 2017.

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IT IS SO ORDERED.

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Dated: June 5, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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