Wojciechowski v. Clearedge Power Inc et al

Filing 7

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/11/2014 01:30 PM. Show Cause Response due by 9/8/2014.. Signed by Judge Lucy H. Koh on 9/3/2014. (lhklc3S, COURT STAFF) (Filed on 9/3/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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PETER WOJCIECHOWSKI, on his own behalf )
and on behalf of all other persons similarly
)
situated,
)
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Plaintiff,
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v.
)
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CLEAREDGE POWER, INC., and
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CLEAREDGE POWER, LLC,
)
)
Defendants.
)
)

Case No.: 5:14-CV-01951-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

Plaintiff Peter Wojciechowski (“Plaintiff”) filed this putative class action against

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Defendants Clearedge Power, Inc. and Clearedge Power, LLC (collectively, “Defendants”) on

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April 28, 2014. ECF No. 1. A summons was issued to Defendants on April 29, 2014, ECF No. 4,

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but the docket does not indicate whether Defendants were in fact served, and Defendants have not

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appeared in this case.

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Under Civil Local Rule 16-10(d), Plaintiff was required to file a case management

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statement seven days in advance of the initial case management conference scheduled for

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September 3, 2014, at 2:00 p.m. Plaintiff failed to file a case management statement by the seven-

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day deadline. Accordingly, on August 29, 2014, the Court ordered Plaintiff to file a case

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management statement by September 2, 2014 at 10:00 a.m. ECF No. 6. Plaintiff failed to file a case

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management statement, and did not appear at the September 3 case management conference.
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Case No.: 14-CV-01951-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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Plaintiff’s apparent failure to serve Defendants within 120 days of filing his complaint, as

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required by Federal Rule of Civil Procedure 4(m); Plaintiff’s failure to file a case management

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statement in accordance with the Civil Local Rules; Plaintiff’s failure to follow the Court’s order to

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file a case management statement; and Plaintiff’s failure appear for the case management

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conference indicates that Plaintiff has abandoned this litigation. The Court hereby ORDERS

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Plaintiff to show cause why this case should not be dismissed with prejudice for failure to

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prosecute. Plaintiff has until September 8, 2014 to file a response to this Order to Show Cause. A

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hearing on this Order to Show Cause is set for Thursday, September 11, 2014, at 1:30 p.m.

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Plaintiff’s failure to respond to this Order and appear at the September 11, 2014 hearing will result

United States District Court
For the Northern District of California

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in dismissal with prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: September 3, 2014

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 14-CV-01951-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE