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)

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Case 4:18-cv-02148-KAW Document 20 Filed 01/27/21 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARK A. AVILA, Plaintiff, 8 ORDER TO SHOW CAUSE v. 9 10 11 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., 12 Defendants. 13 14 On July 11, 2018, the Court granted the parties’ stipulation to stay the case pending 15 exhaustion of further internal union appeals. (Dkt. No. 17.) On January 7, 2021, the Court 16 ordered the parties to file a joint status report as to the status of the internal union appeals. (Dkt. 17 No. 18.) The parties’ joint status report was due by January 21, 2021. (Id.) 18 On January 21, 2021, Defendants filed a unilateral status report, stating that that Plaintiff’s 19 appeal was fully exhausted in August 2019.1 (Dkt. No. 19 at 2.) Plaintiff was notified by certified 20 mail on September 12, 2019 that his appeal had been denied. (Id.) Defendant further states that in 21 the sixteen months since, Plaintiff has taken no steps to prosecute this action. (Id.) Plaintiff did 22 not file a status report. Accordingly, the Court ORDERS Plaintiff to show cause, within two weeks of the date of 23 24 this order, why this case should not be dismissed for failure to prosecute. Failure to respond will 25 result in the Court reassigning this case to a district judge with the recommendation that the case 26 27 28 1 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 1 be dismissed for failure to prosecute. 2 IT IS SO ORDERED. 3 Dated: January 27, 2021 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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