Gehl et al v. Bloomin' Brands et al

Filing 59

ORDER TO SHOW CAUSE to Plaintiffs Shannon Spalding and Brittni Zacher regarding 53 Motion to Withdraw. Show Cause Response due by 10/31/2014.. Signed by Judge Kandis A. Westmore on 10/15/2014. (kawlc1, COURT STAFF) (Filed on 10/15/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HOLLY GEHL, et al., Case No. 13-cv-05961-KAW Plaintiffs, 8 ORDER TO SHOW CASE TO PLAINTIFFS SHANNON SPALDING AND BRITTNI ZACHER v. 9 10 United States District Court Northern District of California 11 T-BIRD RESTAURANT GROUP, INC., et al., Defendants. 12 13 On September 26, 2014, Plaintiffs’ counsel filed a motion for leave to withdraw as counsel 14 of record for Plaintiff Shannon Spalding and to have Plaintiffs Spalding and Brittni Zacher 15 withdrawn as named plaintiffs. (Dkt. No. 53.) As to Plaintiff Spalding, Counsel claims that Ms. 16 Spalding has ceased communicating with counsel and failed to appear at her noticed deposition. 17 (Pls.’ Mot. at 2.) Plaintiffs’ counsel claims that Ms. Zacher has stated that she no longer wishes to 18 participate in the litigation, and her noticed deposition did not go forward. The motion is 19 scheduled to be heard on November 6, 2014. 20 Accordingly, Ms. Spalding is ordered to show cause on or before October 31, 2014 why 21 the law firm of Wolf, Rifkin, Shapiro, Schulman Rabkin, LLP should not be withdrawn as her 22 counsel in this case, and submit a declaration under penalty of perjury to either (1) confirm that 23 she longer wishes to be a party to this litigation or (2) explain why she did not appear at her 24 deposition despite wishing to remain a named plaintiff. Ms. Spalding’s response should include 25 the case name and number and be filed by mail to Hon. Kandis A. Westmore, U.S. District Court, 26 1301 Clay Street, 400 South, Oakland, California 94610. 27 28 Additionally, Ms. Zacher is ordered to submit a declaration under penalty of perjury on or before October 31, 2014 confirming that she wishes to be withdrawn as a named plaintiff. This 1 2 3 4 5 6 7 should be filed through counsel. Plaintiffs’ counsel is ordered to immediately serve a copy of this order and a copy of the underlying motion on Plaintiffs Shannon Spalding and Brittni Zacher. IT IS SO ORDERED. Dated: October 15, 2014 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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