Stewart v. Leland Stanford Junior University

Filing 139

ORDER TO SHOW CAUSE RE: DISMISSAL. Signed by Judge James Ware on October 7, 2010. (jwlc1, COURT STAFF) (Filed on 10/7/2010)

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Stewart v. Leland Stanford Junior University Doc. 139 1 2 3 4 5 6 7 8 9 10 James Lee Stewart, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-04061 JW ORDER TO SHOW CAUSE RE: DISMISSAL United United States District Court 11 For the Northern District of California Leland Stanford Junior University, Defendant. / 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On September 14, 2010, the Court issued an Order Adopting in part Magistrate Judge Trumbull's Report and Recommendation. (hereafter, "Order," Docket Item No. 133.) In its Order, the Court specifically required Plaintiffs to "obtain, serve and file a declaration of a current union representative with the authority to approve that Mr. Zavodnick may serve as counsel of record for the Union in this case," and file such declaration on or before September 24, 2010. (Order at 3.) The Court warned Plaintiffs that "failure to comply with this Order may warrant further monetary sanctions or termination sanctions for lack of prosecution pursuant to Fed. R. Civ. P. 41(b)." (Id.) To date, nearly two weeks after the September 24 deadline, Mr. Zavodnick, counsel for Plaintiff Stewart and purported counsel for the Union has failed to comply with the Court's Order or otherwise communicate with the Court. This failure appears to be consistent with Plaintiffs and counsel previous discovery violations found to be sanctionable by Judge Trumbull. Accordingly, October 18, 2010 at 9 a.m. Plaintiffs shall appear to show cause why this action should not be dismissed for lack of prosecution. Dated: October 7, 2010 JAMES WARE United States District Judge Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Carol Capri Copsey ccopsey@gordonrees.com Michael Terence Lucey mlucey@gordonrees.com Steven Daniel Zavodnick szavodnick@verizon.net Dated: October 7, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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