Dimercurto et al v. Equilon Enterprises LLC
Filing
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ORDER TO SHOW CAUSE RE DEFENDANT'S FAILURE TO COMPLY WITH COURT ORDER REGARDING MEDIATION. Signed by Magistrate Judge Jacqueline Scott Corley on 11/16/2020. Show Cause Response due by 11/19/2020. (ahmS, COURT STAFF) (Filed on 11/16/2020)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARCO DIMERCURTO, et al.,
Plaintiffs,
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v.
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EQUILON ENTERPRISES LLC,
United States District Court
Northern District of California
ORDER TO SHOW CAUSE RE
DEFENDANT’S FAILURE TO
COMPLY WITH COURT ORDER
REGARDING MEDIATION
Defendant.
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Case No. 19-cv-04029-JSC
On July 16, 2020, at the parties’ further Case Management Conference, the Court ordered
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the parties to file a written submission by August 17, 2020 providing the name of their private
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mediator and date of mediation to occur by December 31, 2020. (Dkt. No. 35.) After several
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extensions of this deadline, on November 6, 2020 the Court ordered the parties to file within one
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week a written statement identifying the mediator and date of mediation to occur by December 31,
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2020. (Dkt. No. 41.)
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On November 13, 2020, Plaintiffs filed a statement in which they reported that the parties
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held a series of conferences throughout October 2020 regarding outstanding discovery disputes,
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their private mediator, and selecting a date for mediation. (Dkt. No. 43 at 2.) Plaintiffs stated they
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accepted Defendant’s proposed mediator, T. Warren Jackson, on October 20, 2020, and that
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Defendant’s schedule required the mediation to occur in January 2021 rather than by December
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31, 2020.
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According to Plaintiff’s statement, for two weeks following October 20, 2020—the date
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that Plaintiffs accepted Defendant’s proposed mediator—Plaintiffs repeatedly contacted Defendant
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regarding the mediation date, with no dates offered by Defendant; when Plaintiffs contacted Mr.
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Jackson directly on November 3, 2020, he reported that, on October 21, he provided Defendant
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with three possible dates for mediation in January. Defendant never shared these dates with
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Plaintiffs’ counsel. Plaintiffs immediately contacted Defendant, requesting that “[Defendant] let
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[Plaintiffs] know if any of [Mr. Jackson’s proposed January dates] work for [Defendant] in the
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next day or two,” and that, absent any confirmation, Plaintiffs would move forward assuming that
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Defendant “was only using the prospect of mediation as a delay tactic.” (Dkt. No. 43 at 2.)
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After this Court issued its Order on November 6, 2020, Plaintiffs again contacted
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Defendant. On November 9, 2020, Plaintiffs e-mailed Defendant regarding certain outstanding
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discovery issues, as well as the selection of a mediation date, and stated their willingness to meet
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and confer on November 10, 2020 regarding the parties’ mediation. Plaintiffs aver that they have
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received no communications from Defendant in response to their November 9, 2020 e-mail. (Id.
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at 3.)
United States District Court
Northern District of California
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Defendant has failed to comply with this Court’s Order requiring the parties to submit a
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statement identifying both the name of their private mediator and date of mediation. Moreover,
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Defendant has refused to cooperate with Plaintiffs in complying with this Court’s Order, leaving
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Plaintiffs’ requests for assistance in selecting a mediation date—even one in January—without
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reply. Defendant has filed no response to Plaintiffs’ statement explaining or justifying its conduct.
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Accordingly, Defendant is ORDERED TO SHOW CAUSE as to why it should not be sanctioned
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for its conduct and refusal to comply with this Court’s orders. See Salamon v. Creditors Specialty
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Serv., Inc., No. C 11-172 CW, 2013 WL 415633, at *2 (N.D. Cal. Jan. 29, 2013) (citing Unigard
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Sec. Ins. Co. v. Lakewood End'd & Mfg. Corp., 982 F.2d 363, 368 (9th Cir. 1992)). Defendant is
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ordered to file a response to this Order by November 19, 2020. The Court will schedule a hearing
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or telephonic conference regarding the parties’ mediation deadline and briefing schedule, if
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necessary, following Defendants’ written submission to this Show Cause Order.
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IT IS SO ORDERED.
Dated: November 16, 2020
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JA QU
JACQUELINE
JACQUELINE SCOTT CORLEY
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CORLEY
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United States Magistrate Judge
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