Dimenco et al v. Service Employees International Union et al

Filing 52

ORDER TO SHOW CAUSE. Signed by Judge ARMSTRONG on 4/28/11. (lrc, COURT STAFF) (Filed on 4/29/2011)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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9 ROSEANNE DIMENCO, TYRONE

DICKENS, RICHARD MARLOWE, JUAN
10 ANTONIO MOLINA, NICHOLAS
PALAFOX, TONI RANGEL, STARLA
11 ROLLINS, MYKELE SAUNDERS, and
MARTHA VAZQUEZ,

Case No: C 10-03112 SBA
ORDER TO SHOW CAUSE RE
DISMISSAL

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Plaintiffs,
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vs.
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SERVICE EMPLOYEES INTERNATIONAL
15 UNION, DAVID REGAN, and ELISEO

MEDINA,
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Defendants.
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On January 10, 2011, the Court granted Defendants’ motion to disqualify Plaintiffs’

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counsel. Dkt. 50. The Court granted Plaintiffs thirty days to retain new counsel and to file

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a substitution of counsel. The Court scheduled a Case Management Conference for April

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28, 2011, and directed Plaintiffs to file a joint Case Management Conference Statement at

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least ten days prior to that date. Plaintiffs have not filed a substitution of counsel nor have

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they filed a Case Management Conference Statement. The failure to comply with the

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Federal Rules of Civil Procedure, the Local Rules of the Court or any Court Order is

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grounds for dismissal of this action under Federal Rule of Civil Procedure 41(b). See

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Ferdick v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

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is VACATED.

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2.

The Case Management Conference previously scheduled for April 28, 2011,

The parties shall show cause why the instant action should not be dismissed

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(1) under Rule 41(b) for failure to comply with a Court order and (2) on mootness grounds,

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for the reasons set forth in Defendants’ Case Management Statement filed on April 18,

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2011 (Dkt. 51). Within seven (7) days of the date this order is filed, the parties shall file a

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Certificate of Counsel to explain why the case should or should not be dismissed. The

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Certificate shall set forth the nature of the cause, its present status, the reason it has not

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been brought to trial or otherwise terminated, any basis for opposing dismissal and its

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expected course if not dismissed. FAILURE TO FULLY COMPLY WITH THIS ORDER

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WILL BE DEEMED SUFFICIENT GROUNDS TO DISMISS THE ACTION, WITHOUT

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FURTHER NOTICE.

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IT IS SO ORDERED.
Dated: April 28, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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