Ivie v. Kraft Foods Global, Inc. et al

Filing 97

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Show Cause Response due by 10/1/2020. Signed by Judge Jon S. Tigar on September 24, 2020. (mllS, COURT STAFF) (Filed on 9/24/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUSAN IVIE,
Plaintiff,

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v.

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ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

KRAFT FOODS GLOBAL, INC., et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 12-cv-02554-JST

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On November 7, 2016, the Court stayed this case until the Ninth Circuit issued rulings in

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Jones v. ConAgra Foods, Inc., No. 14-16327 (9th Cir.) and Kosta v. Del Monte Foods, Inc., No.

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15-16974 (9th Cir.). ECF No. 93. The Court further ordered the parties to file a notice of

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decisions within 14 days of the later decision in the above-referenced cases, “as well as a joint

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statement indicating whether plaintiff intends to pursue class certification and, if so, a proposed

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schedule and discovery plan for continuation of the case.” Jones was voluntarily dismissed with

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prejudice on August 14, 2017, and Kosta case was voluntarily dismissed on September 6, 2017.

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However, the parties have not filed anything regarding the status of the case since November

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2016, and Plaintiff has taken no action to prosecute the case in almost four years.
The Court therefore now ORDERS THE PLAINTIFF TO SHOW CAUSE why this case

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should not be dismissed for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of

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Civil Procedure. A written response is due not later than October 1, 2020. If nothing is filed, the

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Court will dismiss this case with prejudice. See Fed. R. Civ. P. 41(b) (“Unless the dismissal order

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states otherwise, a dismissal under this subdivision . . . operates as an adjudication on the

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merits.”).

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IT IS SO ORDERED.
Dated: September 24, 2020
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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