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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 LINDSAY GROTEWIEL, Individually and on Behalf of All Others Similarly Situated, 6 Plaintiff, 7 8 United States District Court Northern District of California 9 10 11 12 13 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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 repetitive motion no later than July 3, 2017. 2 provided that Plaintiff could seek additional time. 3 has not responded to this order, moved to remand, or filed 4 anything in response to the motions to remand filed in Olberding 5 and Gonzalez. 6 motions to remand in Olberding and Gonzalez. 7 The Court also Plaintiff Today, the Court filed an order granting the This Court has the duty to consider its own jurisdiction sua sponte. 9 United States District Court Northern District of California 8 Accordingly, within fourteen days after the date of this order, all parties in this action are hereby ordered to show 10 cause why the Court should not remand this action for the reasons 11 set forth in the order filed today granting the motions to remand 12 in the related Olberding and Gonzalez cases. 13 a response to this order, Plaintiff may file a reply to that 14 response within seven days after Defendants’ filing. 15 filing a separate response to this order to show cause, any party 16 may file a notice incorporating by reference the arguments raised 17 in one or more briefs filed in the related cases. 18 Court order, the Court shall rule based on the parties’ papers, 19 without a hearing. 20 If Defendants file Instead of Absent further IT IS SO ORDERED. 21 22 Dated: July 21, 2017 CLAUDIA WILKEN United States District Judge 23 24 25 26 27 28 2

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