Carter et al v. XPO Logistics, Inc.

Filing 152

ORDER TO SHOW CAUSE - The six opt-in plaintiffs at issue may discharge this Order to Show Cause by serving the outstanding discovery on defendant on or before 3/23/2018. Signed by Judge William H. Orrick on 02/22/2018. (jmdS, COURT STAFF) (Filed on 2/22/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RON CARTER, et al.,

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Plaintiffs,

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XPO LOGISTICS, INC,

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Defendant.

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Defendant has moved to dismiss the claims of six FLSA opt-in plaintiffs, given those

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plaintiffs’ failure to respond to discovery. Dkt. No. 143.1
These six non-responsive opt-in plaintiffs are Ordered to Show Cause why their FLSA

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE

v.

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Case No. 16-cv-01231-WHO

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claims should not be dismissed with prejudice and their state law claims dismissed without

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prejudice under Rule 37 for failure to participate in discovery.

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The six opt-in plaintiffs at issue may discharge this OSC by serving the outstanding

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discovery on defendant on or before March 23, 2018. If any of these opt-in plaintiffs is unable to

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respond to the discovery but believes good cause exists to excuse that failure and to maintain their

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FLSA claims, plaintiffs’ counsel shall file a declaration from that plaintiff explaining his specific

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good cause.

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If any of the six non-responsive opt-in plaintiffs fails to serve their discovery on defendant

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by March 23, 2018 and fails to establish good cause excusing that failure, their FLSA claims shall

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be dismissed with prejudice and their state law claims dismissed without prejudice.

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IT IS SO ORDERED.
Dated: February 22, 2018

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William H. Orrick
United States District Judge

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The six opt-in plaintiffs at issue are: (i) Martin Arrambide, (ii) Alejandro Ascencio, (iii) Daniel
Douglas, (iv) Edgar Espinal, (v) Henry Racinos, and (vi) Wayne Vivolo,