Alvarez v. Simply Right Inc., et al

Filing 12

ORDER TO SHOW CAUSE. If Plaintiff does not, by 4:00 p.m. on 10/26/2016, file or cause to be filed a joint status conference statement or otherwise demonstrate good cause in writing why this case should not be dismissed, the court will dismiss the action with prejudice. No hearing will be held on the order to show cause. The Status Conference scheduled for 10/27/2016 is VACATED. Signed by Judge Edward J. Davila on 10/24/2016. (ejdlc1S, COURT STAFF) (Filed on 10/24/2016)

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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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ROBERTO ALVAREZ,

Case No. 5:15-cv-03404-EJD

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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SIMPLY RIGHT INC.,, et al.,
Defendants.

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On October 21, 2015, the court issued an order pursuant to a stipulation which stayed this

United States District Court
Northern District of California

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action pending arbitration. Dkt. No. 11. The court also scheduled this action for a Status

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Conference at 10:00 a.m. on October 27, 2016, and ordered the parties to file a joint status

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conference statement seven days prior to that date. As of the date and time this order was filed,

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however, the court has not received a statement from any party, joint or otherwise.

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Accordingly, the court hereby issues an order to show cause why this action should not be

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dismissed for failure to prosecute. If Plaintiff does not, by 4:00 p.m. on October 26, 2016, file or

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cause to be filed a joint status conference statement as contemplated by the order filed on October

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21, 2015, or otherwise demonstrate good cause in writing why this case should not be dismissed,

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the court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

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No hearing will be held on the order to show cause unless otherwise ordered by the court.

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In light of this order, the Status Conference scheduled for October 27, 2016, is VACATED
and will be resent, if necessary, upon resolution of the issue addressed herein.

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IT IS SO ORDERED.
Dated: October 24, 2016
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EDWARD J. DAVILA
United States District Judge

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Case No.: 5:15-cv-03404-EJD
ORDER TO SHOW CAUSE