Ferrari, et al v. Autobahn, Inc. et al

Filing 141

ORDER TO SHOW CAUSE WHY FOURTH AMENDED COMPLAINT SHOULD NOT BE STRICKEN AS FILED WITHOUT LEAVE OF COURT OR WRITTEN CONSENT. Order to Show Cause Hearing set for Friday, 6/8/2018 09:01 AM. Show Cause Response due by 6/1/2018. Signed by Judge Yvonne Gonzalez Rogers on 5/25/18. (fs, COURT STAFF) (Filed on 5/25/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVE FERRARI, ET AL.,
Plaintiffs,

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vs.

CASE NO. 17-cv-00018-YGR
ORDER TO SHOW CAUSE WHY FOURTH
AMENDED COMPLAINT SHOULD NOT BE
STRICKEN AS FILED WITHOUT LEAVE OF
COURT OR WRITTEN CONSENT

MERCEDES BENZ USA, LLC, ET AL.,
Defendants.

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United States District Court
Northern District of California

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TO THE PLAINTIFFS STEVE FERRARI, ET AL. AND THEIR COUNSEL OF RECORD:

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You are HEREBY ORDERED TO SHOW CAUSE why the Fourth Amended Complaint, filed

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May 22, 2018 (Dkt. No. 139) without leave of Court, should not be stricken.
A hearing on this Order to Show Cause will be held on Friday, June 8, 2018, on the
Court’s 9:01 a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in
Courtroom 1. By no later than Friday, June 1, 2018, plaintiff must file a written response to this
Order to Show Cause or, in the alternative, a motion for leave or a written stipulation to the file the
Fourth Amended Complaint. Plaintiffs’ representation in the body of the Fourth Amended

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Complaint itself, that “all defendants provided written consent” is not sufficient to satisfy Rule
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15(a)(2) of the Federal Rules of Civil Procedure.
If the Court is satisfied with plaintiff’s response, the hearing may be taken off calendar and
the parties need not appear. Otherwise, lead trial counsel must personally appear at the hearing.
Neither a special appearance nor a telephonic appearance will be permitted. Failure to file a joint

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statement, written response, or to appear personally will be deemed an admission that no good

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cause exists and that striking is appropriate.

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IT IS SO ORDERED.
Dated: May 25, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE