Moralez v. Darakar, Inc. et al

Filing 18

SECOND ORDER TO SHOW CAUSE. Show Cause Response due by 11/29/2017. Signed by Judge Kandis A. Westmore on 11/15/2017. (kawlc2, COURT STAFF) (Filed on 11/15/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-00648-KAW
SECOND ORDER TO SHOW CAUSE

v.
DARAKAR, INC., et al.,
Defendants.

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Plaintiff Francisca Moralez filed her complaint in this action on February 9, 2017. The last

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day for the joint inspection of premises was May 25, 2017, and the Plaintiff's notice of need of

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mediation was due within 42 days of the joint site inspection. (See Scheduling Order at 1, Dkt.

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No. 4; General Order 56 ¶ 7.) Plaintiff did not file a notice of need of mediation, and on

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September 14, 2017, the Court issued an order to show cause, requiring Plaintiff to explain why

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the case should not be dismissed for failure to prosecute. (Dkt. No. 16.)

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That same day, Plaintiff filed a response, stating that the parties had discussed a potential

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resolution and that she had exchanged an initial settlement agreement with one of the Defendants.

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(Dkt. No. 16 ¶¶ 4, 6-7.) Plaintiff also stated that she would meet and confer with Defendants

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about a stipulation for administrative relief from the deadlines. (Id. ¶ 13.)

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On October 3, 2017, the Court discharged the order to show cause. (Dkt. No. 17.) The

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Court noted, however, that Plaintiff had not yet filed a stipulation for administrative relief from the

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deadlines, and ordered Plaintiff to file a request or stipulation and proposed order for

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administrative relief from the deadlines within 14 days of the order. (Id. at 2.) The Court stated

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that the request for administrative relief need not be filed if Plaintiff filed a notice of settlement of

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the entire case. (Id.)

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As of the date of this order, however, Plaintiff has not filed a stipulation for administrative

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relief from the deadlines, nor has Plaintiff filed a notice of settlement of the case. Accordingly,

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the Court ORDERS Plaintiff to: (1) show cause why this case should not be dismissed for failure

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to prosecute, and (2) file a request and proposed order for administrative relief from the deadlines

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or, in the alternative, a notice of settlement of the entire case. Failure to complete both tasks

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within 14 days of this order may result in the dismissal of this case.

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IT IS SO ORDERED.
Dated: November 15, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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