Cruz v. Quang et al

Filing 35

ORDER TO SHOW CAUSE WHY MOTION TO AMEND TO ADD INDIVIDUAL DEFENDANTS SHOULD NOT BE DENIED. Order to Show Cause Hearing set for 11/5/2013 02:00 PM. Show Cause Response due by 10/18/2013. Signed by Judge Yvonne Gonzalez Rogers on 10/4/13. (fs, COURT STAFF) (Filed on 10/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE CRUZ AND HENDRO WINOTO,
Plaintiffs,

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Case No.: 13-cv-00181-YGR
ORDER TO SHOW CAUSE WHY MOTION TO
AMEND TO ADD INDIVIDUAL DEFENDANTS
SHOULD NOT BE DENIED

vs.
BRANDON QUANG AND NCBI INVESTMENT,
INC.,

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Defendants.

Northern District of California

United States District Court

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TO PLAINTIFFS AND THEIR COUNSEL OF RECORD:

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You are hereby ORDERED TO SHOW CAUSE in writing no later than October 18, 2013, why

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plaintiffs’ Motion For Leave To Amend (Dkt. No. 29) to add Shao Rong Zhang, Hardiato Go, and
Zhou Xian Chen as defendants to all Plaintiffs’ state law claims should not be denied as futile. See
Martinez v. Combs, 49 Cal.4th 35, 66 (2010) (individuals acting as agents of “employer” not liable
for wage violations); see also Reynolds v. Bement, 36 Cal.4th 1075 (2005) (same). Otherwise, the
Court is inclined to grant leave to add Hendro Winoto as a plaintiff to all state law claims, and to add
Shao Rong Zhang, Hardiato Go, and Zhou Xian Chen as defendants to the Fair Labor Standards Act
claim.
A hearing on this Order to Show Cause shall be held on Tuesday, November 5, 2013, on the
Court’s 2:00 p.m. calendar, in Courtroom 5, U.S. District Courthouse, 1301 Clay Street, Oakland,
California. If the Court is satisfied with Plaintiffs’ counsel’s response, it will consider taking the
Order to Show Cause hearing off calendar.
IT IS SO ORDERED.
Date: October 4, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE