Pronzini v. Costco Wholesale Corporation

Filing 11

ORDER vacating Case Management Conference; ORDER TO SHOW CAUSE. Show Cause Response due by 3/30/2018.Signed by Judge Maria-Elena James on 3/9/2018. (mejlc3, COURT STAFF) (Filed on 3/9/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LISA PRONZINI,

Case No. 17-cv-07148-MEJ

Plaintiff,
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ORDER VACATING CMC;
ORDER TO SHOW CAUSE

v.
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COSTCO WHOLESALE CORPORATION,
Defendant.

United States District Court
Northern District of California

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In its Initial Case Management Scheduling Order, the Court ordered the parties to file a

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Joint Case Management Conference (CMC) Statement by March 8, 2018, and to attend an Initial

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CMC on March 15, 2018. Dkt. No. 3 (“Counsel must comply with the case schedule listed below

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unless the Court otherwise orders.”); see also Fed. R. Civ. P. 16(a); Civ. L.R. 16-9(a). The Court

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also ordered the parties to meet and confer no later than February 22, 2018 regarding certain

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topics, and to file ADR Certifications and either a Stipulation to ADR Process or a Notice of Need

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for ADR Phone Conference. See Sched. Order.

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On March 15, 2018, Defendant filed a separate CMC statement, which is supported by a

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declaration of counsel. See Def.’s CMC Stmt., Dkt. No. 10; Young Decl., Dkt. No. 10-1. Counsel

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declares that between December 18, 2017 and February 26, 2018, Defendant made four attempts

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to engage Plaintiff’s counsel in the preparation of a Joint CMC Statement and the completion of

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the Notice of Need for ADR Conference. Young Decl. ¶¶ 6-9 & A-D. Defendant represents

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Plaintiff’s counsel never responded. Id. ¶ 10. Plaintiff did not file a separate CMC statement by

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the March 8, 2018 deadline for doing so. See Docket. The Court accordingly VACATES the

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March 15, 2018 conference.

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In addition, it appears that neither of the attorneys listed on the caption of the Complaint is

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a member of the bar of this Court. They cannot represent Plaintiff in this action without being

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admitted to practice in the Northern District of California. See Civ. L.R. 11-1.

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Finally, the Court ORDERS Plaintiff to show cause why she should not be sanctioned for

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failing to abide by this Court’s Scheduling Order and failing to confer with Defendant to develop a

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Joint CMC Statement. See Fed. R. Civ. P. 37(f). Plaintiff must show cause, in writing, no later

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than March 30, 2018. Failure to respond to this Order to Show Cause may result in the imposition

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of sanctions, including monetary sanctions or dismissal for failure to prosecute and failure to abide

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by the Court’s orders.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: March 9, 2018
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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