Misson v. Cal-X Trans, Inc.

Filing 26

SECOND ORDER TO SHOW CAUSE. Show Cause Response due by 12/7/2017. Signed by Judge Kandis A. Westmore on 11/22/2017. (kawlc2S, COURT STAFF) (Filed on 11/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAKAM MISSON,
Plaintiff,

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CAL-X TRANS, INC.,
Defendant.

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United States District Court
Northern District of California

SECOND ORDER TO SHOW CAUSE

v.

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Case No. 16-cv-01408-KAW

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On March 22, 2016, Plaintiff Hakam Misson brought the instant case against Defendant

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Cal-X Trans, Inc., alleging breach of contract. (Dkt. No. 1.) After Defendant failed to appear,

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Plaintiff sought entry of default. (Dkt. No. 12.) On June 10, 2016, the Clerk of the Court entered

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default as to Defendant. (Dkt. No. 13.)

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On June 14, 2017, the Court ordered Plaintiff to file a status report by June 23, 2017,

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explaining whether Plaintiff intended to prosecute the case. (Dkt. No. 18.) On June 25, 2017,

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Plaintiff filed an untimely response, stating that Plaintiff did intend to pursue his claims. (Dkt.

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No. 19.)

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On August 23, 2017, the Court ordered Plaintiff to file a case management conference

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statement, which had been due on August 22, 2017. (Dkt. No. 20.) On August 24, 2017, Plaintiff

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filed his case management conference statement, requesting that the Court postpone the case

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management conference for 60 days so that Plaintiff could obtain a default judgment and file an

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amended complaint. (Dkt. No. 21 at 4.) On August 29, 2017, the Court held the case

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management conference, setting a September 19, 2017 deadline for Plaintiff to file an amended

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complaint. (Dkt. No. 22.)

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Plaintiff did not file an amended complaint, nor did Plaintiff file a motion for default

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judgment. Instead, on October 27, 2017, Plaintiff's counsel filed a declaration "re Request for

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Entry of Default as to Cal-X Trans, Inc. Only." (Dkt. No. 24.) Plaintiff stated that he did not

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intend to amend a complaint and appeared to request that default be entered as to Defendant Cal-X

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Trans, Inc., despite default having already been entered on June 10, 2016. (Id. ¶ 3.) Plaintiff also

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requested that the Court vacate the November 28, 2017 case management conference. (Id. ¶ 4.)

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On November 7, 2017, the Court issued an order to show cause, ordering Plaintiff to, by

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November 17, 2017, show cause why the case should not be dismissed for failure to prosecute.

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(Dkt. No. 25.) The Court noted that "[d]efault was entered on June 10, 2016, yet Plaintiff has not

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moved for default judgment in the nearly seventeen months since . . . ." (Id.)

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As of the date of this order, Plaintiff has failed to file a response to the order to show

United States District Court
Northern District of California

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cause. Accordingly, the Court ORDERS Plaintiff to show cause, by December 7, 2017: (1) why

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Plaintiff failed to comply with the November 7, 2017 order to show cause, and (2) why the case

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should not be dismissed for failure to prosecute. Again, if Plaintiff intends to prosecute this case,

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Plaintiff must state when he will be moving for default judgment. Failure to comply with this

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order to show cause will result in the Court recommending that the case be dismissed for failure to

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prosecute.

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IT IS SO ORDERED.
Dated: November 22, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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