Yang et al v. Boeing Company, The

Filing 68

ORDER TO SHOW CAUSE RE: SANCTIONS. The Clerk shall strike Docket No. 41 from the record (in 13-MD-2497). Order to Show Cause Hearing set for Friday, 5/30/2014 09:01 AM. Show Cause Response due by 5/23/2014. Telephone Conference set for Tuesday, 5/6/2014 03:00 PM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 5/1/14. (fs, COURT STAFF) (Filed on 5/1/2014) Modified on 5/2/2014 (cpS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE:

MDL No.: 2497

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AIR CRASH AT SAN FRANCISCO,
CALIFORNIA, ON JULY 6, 2013

ORDER TO SHOW CAUSE RE: SANCTIONS

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THIS DOCUMENT RELATES TO:
CASE NOS. 13-5941; 14-1057

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Northern District of California

United States District Court

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The Yang Plaintiffs’ Motion to Expedite Yang Plaintiffs Expedited Request for Exemption
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From the April 21, 2014 Case Management Order Pending Ruling on Issues Raised in Plaintiffs’
Remand Motion By The United States Court of Appeals for the Seventh Circuit and By This Court
(Dkt. No. 42) is hereby DENIED for Yang Plaintiffs’ failure to follow the Local Rules of this District.
Yang Plaintiffs are HEREBY ORDERED TO SHOW CAUSE why they should not be sanctioned
for failure to comply with the Northern District of California Local Rules 7-1, which sets forth the
form of motions, 7-2(a), which requires that a moving party notice a hearing for not less than 35 days
after filing of a motion, and 7-11, which sets forth the procedures for filing an administrative motion.
Further, the Court’s Standing Order states at Section 3 regarding Changes to Court Calendar: “No
changes to the Court’s schedule shall be made except by signed order of the Court and only upon a
showing of good cause. Parties seeking to continue hearings, request special status conferences,
modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and
proposed order, or, if stipulation is not possible, a Motion for Administrative Relief, as contemplated
by Civil Local Rule 7-11.”

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Yang Plaintiffs’ Motion (Dkt. No. 42) improperly conflates two distinct types of motions: a

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motion to shorten time and a motion for administrative relief. The Court further notes that Yang

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Plaintiffs’ original attempt at filing this motion (as two separate motions) failed to notice properly

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either motion for hearing on 35 days’ notice in violation of Local Rule 7-2(a), and set the hearing for

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an improper time. (See Dkt. Nos. 35, 36.) Furthermore, Yang Plaintiffs’ filing at Docket 41 is hereby

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STRICKEN for Yang Plaintiffs’ failure to file same as a proper Motion pursuant to Local Rule 7-1.

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The Court will not countenance such disregard of the rules.

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A hearing on this Order to Show Cause will be held on Friday, May 30, 2014 on the Court’s

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9:01 a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in Courtroom

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Northern District of California

United States District Court

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1. No later than five days before the hearing, Yang Plaintiffs must file a written response to this
Order to Show Cause explaining their failure to comply with the above rules. Yang Plaintiffs’
counsel should also certify that they have rectified the errors and that they have personally read the
Court’s Standing Order in Civil Cases and the Local Rules for the Northern District of California.
If the Court is satisfied with counsels’ response, it will consider taking the Order to Show
Cause hearing off-calendar, otherwise Yang Plaintiffs’ counsel must appear personally at the hearing.
With respect to the substance of the relief requested by Plaintiffs, the Court schedules a
conference call for Tuesday, May 6, 2014 at 3:00 p.m.
This Order terminates Docket Numbers 39, 40, 41, and 42. The Clerk shall strike
Docket No. 41 from the record.

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IT IS SO ORDERED.
Date: May 1, 2014
________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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