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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LISA PRONZINI, Case No. 17-cv-07148-MEJ Plaintiff, 8 ORDER VACATING CMC; ORDER TO SHOW CAUSE v. 9 10 COSTCO WHOLESALE CORPORATION, Defendant. United States District Court Northern District of California 11 12 13 In its Initial Case Management Scheduling Order, the Court ordered the parties to file a 14 Joint Case Management Conference (CMC) Statement by March 8, 2018, and to attend an Initial 15 CMC on March 15, 2018. Dkt. No. 3 (“Counsel must comply with the case schedule listed below 16 unless the Court otherwise orders.”); see also Fed. R. Civ. P. 16(a); Civ. L.R. 16-9(a). The Court 17 also ordered the parties to meet and confer no later than February 22, 2018 regarding certain 18 topics, and to file ADR Certifications and either a Stipulation to ADR Process or a Notice of Need 19 for ADR Phone Conference. See Sched. Order. 20 On March 15, 2018, Defendant filed a separate CMC statement, which is supported by a 21 declaration of counsel. See Def.’s CMC Stmt., Dkt. No. 10; Young Decl., Dkt. No. 10-1. Counsel 22 declares that between December 18, 2017 and February 26, 2018, Defendant made four attempts 23 to engage Plaintiff’s counsel in the preparation of a Joint CMC Statement and the completion of 24 the Notice of Need for ADR Conference. Young Decl. ¶¶ 6-9 & A-D. Defendant represents 25 Plaintiff’s counsel never responded. Id. ¶ 10. Plaintiff did not file a separate CMC statement by 26 the March 8, 2018 deadline for doing so. See Docket. The Court accordingly VACATES the 27 March 15, 2018 conference. 28 In addition, it appears that neither of the attorneys listed on the caption of the Complaint is 1 a member of the bar of this Court. They cannot represent Plaintiff in this action without being 2 admitted to practice in the Northern District of California. See Civ. L.R. 11-1. 3 Finally, the Court ORDERS Plaintiff to show cause why she should not be sanctioned for 4 failing to abide by this Court’s Scheduling Order and failing to confer with Defendant to develop a 5 Joint CMC Statement. See Fed. R. Civ. P. 37(f). Plaintiff must show cause, in writing, no later 6 than March 30, 2018. Failure to respond to this Order to Show Cause may result in the imposition 7 of sanctions, including monetary sanctions or dismissal for failure to prosecute and failure to abide 8 by the Court’s orders. 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 12 13 Dated: March 9, 2018 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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