Avila-v-International Association of Sheet Metal, et al.

Filing 20

ORDER TO SHOW CAUSE. Show Cause Response due by 2/10/2021. Signed by Judge Kandis A. Westmore on 1/27/21. (dtmS, COURT STAFF) (Filed on 1/27/2021)

Case 4:18-cv-02148-KAW Document 20 Filed 01/27/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARK A. AVILA,
Plaintiff,

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ORDER TO SHOW CAUSE

v.

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United States District Court
Northern District of California

Case No. 18-cv-02148-KAW

INTERNATIONAL ASSOCIATION OF
SHEET METAL, AIR, RAIL AND
TRANSPORTATION WORKERS, et al.,

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Defendants.

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On July 11, 2018, the Court granted the parties’ stipulation to stay the case pending

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exhaustion of further internal union appeals. (Dkt. No. 17.) On January 7, 2021, the Court

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ordered the parties to file a joint status report as to the status of the internal union appeals. (Dkt.

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No. 18.) The parties’ joint status report was due by January 21, 2021. (Id.)

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On January 21, 2021, Defendants filed a unilateral status report, stating that that Plaintiff’s

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appeal was fully exhausted in August 2019.1 (Dkt. No. 19 at 2.) Plaintiff was notified by certified

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mail on September 12, 2019 that his appeal had been denied. (Id.) Defendant further states that in

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the sixteen months since, Plaintiff has taken no steps to prosecute this action. (Id.) Plaintiff did

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not file a status report.
Accordingly, the Court ORDERS Plaintiff to show cause, within two weeks of the date of

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this order, why this case should not be dismissed for failure to prosecute. Failure to respond will

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result in the Court reassigning this case to a district judge with the recommendation that the case

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It does not appear Defendants made an effort to reach out to Plaintiff to prepare the status report,
despite the Court requiring a joint status report. In the future, when filing a unilateral status report
in lieu of a required joint status report, Defendant must indicate what efforts were made to work
with opposing counsel to prepare a joint status report.

Case 4:18-cv-02148-KAW Document 20 Filed 01/27/21 Page 2 of 2

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be dismissed for failure to prosecute.

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IT IS SO ORDERED.

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Dated: January 27, 2021
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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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