Stokes v. SBS Transport, LLC

Filing 40

SECOND ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DISMISS THE ACTION AND/OR IMPOSE SANCTIONS. Signed by Judge Jeffrey S. White on 9/24/2024. Show Cause Response due by 9/27/2024. (kkp, COURT STAFF) (Filed on 9/24/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MANASSEH STOKES,
Plaintiff,

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United States District Court
Northern District of California

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v.
SBS TRANSPORT, LLC,

Case No. 20-cv-02084-JSW
SECOND ORDER TO SHOW CAUSE
WHY THE COURT SHOULD NOT
DISMISS THE ACTION AND/OR
IMPOSE SANCTIONS

Defendant.

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On November 6, 2023, the parties stipulated to amend the scheduling order to extend their

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deadline to mediate to January 12, 2024. (Dkt. No. 33.) In their stipulation, which was approved

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by the Court, (Dkt. No. 34), the parties represented that extending the mediation deadline would

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not impact the class certification briefing schedule. (Dkt. No. 33.) Per the scheduling order,

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Plaintiff had until February 20, 2024 to file a motion for class certification. (Dkt. No. 32.)

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The parties did not report to the Court that mediation was successful, yet Plaintiff did not

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file a motion for class certification by the February 20, 2024 deadline. Accordingly, on March 11,

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2024, the Court issued an Order to Show Cause why the action should not be dismissed for failure

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to prosecute. (Dkt. No. 35, “First OSC”.)

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Plaintiff responded to the First OSC on March 15, 2024. In his response, he stated that

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discovery was ongoing, along with settlement discussions. (Dkt. No. 36.) On March 27, 2024, the

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parties filed a Joint Status Report stating that the parties had not agreed to a mediator and that the

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parties were unable to provide an estimate of when the case would resolve. (Dkt. No. 38.)

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Plaintiff’s counsel stated Plaintiff did not intend to file a motion for leave to file a motion for class

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certification out-of-time. (Id.)

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On August 16, 2024, the Court ordered the parties to submit, by September 3, 2024, an

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updated joint status report setting forth a joint proposed case management schedule. (Dkt. No.

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The parties failed to comply with the Court’s Order. The parties did not file an updated
joint status report or explain their failure to do so.

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action

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should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). Failure to timely

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respond to this Order will result in dismissal of this action without further notice. The Court also

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advises Plaintiff that filing a dismissal will not discharge this Order to Show Cause.

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United States District Court
Northern District of California

39.)

The Court FURTHER ORDERS both parties TO SHOW CAUSE, in writing, why it

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should not impose sanctions for failure to comply with the Court’s August 16, 2024 Order.

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The parties shall respond to this Order by no later than September 27, 2024.

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IT IS SO ORDERED.

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Dated: September 24, 2024

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______________________________________
JEFFREY S. WHITE
United States District Judge

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