Rudgayzer et al v. Google Inc.

Filing 71

FURTHER ORDER TO SHOW CAUSE. Show Cause Response due by 12/4/2014, 12/11/2014. Signed by Hon. Beth Labson Freeman on 11/20/2014. (blflc2, COURT STAFF) (Filed on 11/20/2014) (Additional attachment(s) added on 11/24/2014: # 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.

FURTHER ORDER TO SHOW CAUSE

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GOOGLE INC.,
Defendant.

United States District Court
Northern District of California

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On November 10, 2014, Plaintiffs’ counsel Todd C. Bank responded to this Court’s

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October 21, 2014 Order to Show Cause requiring explanation why counsel has not sought

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admission pro hac vice in this Court or to withdraw from representation. Mr. Bank indicates that

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he believed he was automatically terminated from the case upon transfer from the Eastern District

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of New York because:

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[H]aving not been a member of the bar of this Court, I ceased to be
Plaintiffs’ counsel once the action had been transferred to this Court,
just as I would not have been able to commence the action in this
Court on the plaintiffs’ behalf and would not have been recognized
as their counsel if I had done so.

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Response to OSC, ECF 70. Setting aside the fact that Mr. Bank’s reasoning ignores the

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availability of admission pro hac vice, Civ. L.R. 11-3, the Court is left with the practical problem

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identified in the previous Order to Show Cause: because counsel filed the complaint in this action,

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the Court has no means of contacting the Plaintiffs who, if Mr. Bank’s reasoning is correct, are

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now unrepresented parties appearing pro se. As such, the Court hereby issues this Further Order

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to Show Cause with the following instructions to Plaintiffs and Mr. Bank:

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1.

Within seven (7) days of the date of this order, Mr. Bank shall forward a copy of

this order to plaintiffs Michael Amalfitano and Lillian Ganci.

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2.

On or before December 4, 2014, Mr. Bank shall submit a letter to the Court (1)

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providing mailing addresses for both Plaintiffs; (2) requesting withdrawal from this case; and (3)

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confirming that both this order and Mr. Bank’s letter were served on Plaintiffs.

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3.

On or before December 11, 2014, Plaintiffs shall file a response with the Court

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explaining why they have not responded to any filings in this action and indicating whether they

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intend to prosecute this action in propria persona.

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Failure to comply with this order by filing or causing to be filed the documents identified

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above, or failure to otherwise show good cause in writing for such a failure by any deadline, shall

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result in an order dismissing this action for failure to prosecute. No hearing will be held on the

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United States District Court
Northern District of California

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Further Order to Show Cause unless otherwise ordered by the Court.
IT IS SO ORDERED.
Dated: November 20, 2014
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BETH LABSON FREEMAN
United States District Judge

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