Rudgayzer et al v. Google Inc.

Filing 69

ORDER TO SHOW CAUSE. Plaintiffs' counsel is ordered to forward a copy of this order to plaintiffs Michael Amalfitano and Lillian Ganci within 7 days. Show Cause Response due by 11/12/2014. Signed by Hon. Beth Labson Freeman on 10/21/2014. (blflc2, COURT STAFF) (Filed on 10/21/2014) (Additional attachment(s) added on 10/24/2014: # 1 Certificate/Proof of Service) (tsh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MICHAEL AMALFITANO, et al.,

Case No. 14-cv-00673-BLF

Plaintiffs,
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v.

ORDER TO SHOW CAUSE

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GOOGLE INC.,
Defendant.

United States District Court
Northern District of California

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TO PLAINTIFFS AND THEIR ATTORNEY OF RECORD:

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This putative class action against defendant Google Inc. was filed on January 8, 2013 in

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the United States District Court for the Eastern District of New York. On February 18, 2014, the

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case was transferred to this judicial district. Since the transfer, Plaintiffs’ attorney of record has

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not sought admission pro hac vice in this district, nor have Plaintiffs responded to any of

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Defendant’s filings in this case.

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On July 28, 2014, this Court dismissed plaintiff Albert Rudgayzer’s claims pursuant to a

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Report and Recommendation by Magistrate Judge Paul Singh Grewal recommending dismissal

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under Federal Rule of Civil Procedure 25. ECF 57, 63. Plaintiffs did not submit any objection to

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the Report and Recommendation. Nor have Plaintiffs responded to Defendant’s recent Motions to

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Dismiss filed September 19, 2014. See ECF 65, 67. Defendants represent that they have

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communicated with Plaintiffs’ attorney of record, Todd C. Bank, who has indicated that he cannot

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participate substantively in this case because he is not admitted to practice before this Court. See

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Decl. of Susan Fahringer re Rule 16 Mot. Exh. 1, ECF 68. Plaintiffs’ counsel, however, remains

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attorney of record in this case and has not sought to withdraw from his representation of Plaintiffs.

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Moreover, because Plaintiffs’ counsel filed the complaint in this action, see ECF 1, the Court does

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not have contact information for the Plaintiffs and is without any means of contacting them

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directly.

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The Court therefore issues this Order to Show Cause with the following instructions to
Plaintiffs and their attorney of record:
1. Within seven (7) days of the date of this order, Plaintiffs’ counsel shall forward a copy of
this order to plaintiffs Michael Amalfitano and Lillian Ganci.

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2. On or before November 12, 2014, Plaintiffs’ counsel, Todd C. Bank, is ordered to submit

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a letter explaining to this Court why he has not sought admission pro hac vice in this Court

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or to engage local counsel, or why he has not sought to withdraw from representation.

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3. On or before November 12, 2014, Plaintiffs Michael Amalfitano and Lillian Ganci may,

United States District Court
Northern District of California

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on their own behalf, submit a letter explaining why they have not responded to filings in

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this action or sought to retain local counsel.

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Plaintiffs are notified that failure to comply with this order by filing or causing to be filed

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the documents identified above, or failure to otherwise show good cause in writing for such a

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failure by either deadline, may result in an order dismissing this action for failure to prosecute. No

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hearing will be held on the Order to Show Cause unless otherwise ordered by the court.

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IT IS SO ORDERED.
Dated: October 21, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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