Fibertrek, Inc. et al v. Preferred Corporate Services, Inc. et al

Filing 105

SECOND ORDER TO SHOW CAUSE RE DISMISSAL. On or before 9/24/2010, Plaintiffs shall file a Statement in response to this Second Order to ShowCause. The Statement shall include, among other things, a statement as to why Plaintiffs have failed to adhere to the Court's Orders and what steps Plaintiffs are taking to bring this case to a close. Order to Show Cause Hearing set for 10/4/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Failure to comply with this Order is sufficient for a dismissal under Fed. R. Civ. P. 41(b). Signed by Judge James Ware on 9/14/2010. (ecg, COURT STAFF) (Filed on 9/14/2010)

Fibertrek, Inc. et al v. Preferred Corporate Services, Inc. et al

Doc. 105

1 2 3 4 5 6 7 8 9 10 Fibertrek, Inc., et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-03415 JW SECOND ORDER TO SHOW CAUSE RE: DISMISSAL

United United States District Court

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For the Northern District of California

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Preferred Corporate Services, Inc., et al., Defendants. /

On June 24, 2010, the Court issued an Order to Show Cause ("OSC") re: Dismissal in light of the parties' failure to file a Joint Case Management Statement in preparation for a scheduled conference. (Docket Item No. 100.) On July 8, 2010, counsel for Plaintiffs filed a Response seeking an order to vacate the OSC in light of a settlement with the remaining Defendant, Linda Gregg. Counsel also represented that if the settlement falls through, Plaintiffs would be filing a motion for default judgment against Defendant Gregg. (Docket Item No. 103.) On July 9, 2010, the Court issued an order vacating the OSC and setting a hearing on Plaintiffs' anticipated Motion for Default Judgment as to Defendant Linda Gregg. To date, Plaintiffs have failed to duly noticed and file the motion or otherwise communicate with the Court on the status of this case. Accordingly, Plaintiffs shall appear on October 4, 2010 at 9 a.m. to show cause, if any, why the remainder of this action should not be dismissed for failure to prosecute. On or before September 24, 2010, Plaintiffs shall file a Statement in response to this Second Order to Show Cause. The Statement shall include, among other things, a statement as to why Plaintiffs have failed to adhere to the Court's Orders and what steps Plaintiffs are taking to bring this case to a close.

Dockets.Justia.com

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Failure to comply with this Order is sufficient for a dismissal under Fed. R. Civ. P. 41(b).

Dated: September 14, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Brian Michael Affrunti [e-mail] Claudia Carolina Bohorquez [e-mail] Douglas W. Dal Cielo [e-mail] Robert John Huston [e-mail]

Dated: September 14, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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