Grotewiel v. Avinger, Inc. et al

Filing 31

ORDER TO SHOW CAUSE. Show Cause Response due by 8/4/2017. Signed by Judge Claudia Wilken on 7/21/17. (dtmS, COURT STAFF) (Filed on 7/21/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LINDSAY GROTEWIEL,
Individually and on Behalf of
All Others Similarly Situated,

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Plaintiff,

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United States District Court
Northern District of California

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Case No.

17-cv-03400-CW

ORDER TO SHOW CAUSE

v.
AVINGER, INC., JEFFREY M.
SOINSKI, MATTHEW B. FERGUSON,
DONALD A. LUCAS, JOHN B.
SIMPSON, JAMES B. MCELWEE,
JAMES G. CULLEN, THOMAS J.
FOGARTY, CANACCORD GENUITY,
INC., COWEN AND COMPANY LLC,
OPPENHEIMER & CO., BTIG,
STEPHENS INC., AND DOES 1
through 25, inclusive,
Defendants.

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On May 22, 2017, Plaintiff Lindsay Grotewiel filed a class
action complaint in San Mateo County Superior Court against
Avinger, Inc. and several of its individual officers and
directors, alleging violations of the Securities Act of 1933.
Defendants removed the action to this Court on June 12, 2017.

On

June 19, 2017, this Court granted the parties’ joint motion to
relate this case to Olberding v. Avinger, No. 17-cv-03398, and
Gonzalez v. Avinger, No. 17-cv-03401.
The plaintiffs in Olberding and Gonzalez filed motions to
remand, but Plaintiff did not do so.

On June 28, 2017, the Court

set a coordinated briefing schedule for the related cases.

The

Court ordered that Plaintiff could join in the motions to remand
filed in Olberding and/or Gonzalez and also file a separate, non-

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repetitive motion no later than July 3, 2017.

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provided that Plaintiff could seek additional time.

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has not responded to this order, moved to remand, or filed

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anything in response to the motions to remand filed in Olberding

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and Gonzalez.

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motions to remand in Olberding and Gonzalez.

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The Court also
Plaintiff

Today, the Court filed an order granting the

This Court has the duty to consider its own jurisdiction sua
sponte.

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United States District Court
Northern District of California

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Accordingly, within fourteen days after the date of this

order, all parties in this action are hereby ordered to show

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cause why the Court should not remand this action for the reasons

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set forth in the order filed today granting the motions to remand

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in the related Olberding and Gonzalez cases.

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a response to this order, Plaintiff may file a reply to that

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response within seven days after Defendants’ filing.

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filing a separate response to this order to show cause, any party

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may file a notice incorporating by reference the arguments raised

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in one or more briefs filed in the related cases.

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Court order, the Court shall rule based on the parties’ papers,

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without a hearing.

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If Defendants file

Instead of

Absent further

IT IS SO ORDERED.

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Dated: July 21, 2017
CLAUDIA WILKEN
United States District Judge

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