Faculty Members at Middle Eastern Schools et al v. Donovan et al

Filing 43

ORDER TO SHOW CAUSE. Signed by Judge Beth Labson Freeman on 10/17/2016. (blflc4, COURT STAFF) (Filed on 10/17/2016)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 United States District Court Northern District of California 11 FACULTY MEMBERS AT MIDDLE EASTERN SCHOOLS, et al., 12 Plaintiffs, 13 14 15 Case No. 15-cv-03974-BLF ORDER TO SHOW CAUSE v. RICHARD DONOVAN, et al., Defendants. 16 17 18 19 To each and every Plaintiff, you are hereby ORDERED to SHOW CAUSE in writing, on or before November 17, 2016, why this case should not be dismissed for failure to prosecute. Thirty-four individual plaintiffs brought this action involving allegations of discriminatory 20 practices and favoritism with respect to promotions. First Am. Compl. 3:21-25, ECF 13. On 21 April 15, 2016, the Court granted Defendant American Federation of Government Employees, 22 AFL-CIO, Local 1263’s motion to dismiss without leave to amend and granted Defendant Richard 23 P. Donovan’s motion to dismiss with partial leave to amend. ECF 33. Further, the Court ordered 24 Plaintiffs to file any amended complaint on or before May 16, 2016. Id. Plaintiffs did not amend 25 their complaint within the time provided and still have not amended it. Currently before the Court 26 is a motion for an entry of judgment filed by two of the named plaintiffs, ECF 41, but the other 27 thirty-two plaintiffs have yet to respond to the Court’s order granting the motions to dismiss. A 28 prior Order to Show Cause was mailed to one of the named Plaintiffs – Plaintiff Ahmed Nuri, but 1 2 not to other Plaintiffs. Accordingly, the Court again ORDERS each of the other thirty-three Plaintiffs to SHOW 3 CAUSE why this case should not be dismissed for failure to prosecute. Each Plaintiff shall submit 4 a written response on or before November 17, 2016. The Court advises Plaintiffs that a failure to 5 respond to the Order to Show Cause by November 17, 2016 will result in the dismissal of the case 6 with prejudice pursuant to Fed. R. Civ. P. 41(b). 7 The Court directs the Clerk to mail this Order to each of the thirty-three individual 8 Plaintiffs who was not served by mail with the prior Order to Show Cause, ECF 42. The Court 9 also notes that most of the Plaintiffs have failed to provide an address for service of court documents and none of the Plaintiffs has requested Electronic Case Filing pursuant to Local Rule 11 United States District Court Northern District of California 10 5-1(b). Thus, the Clerk is directed to serve by mail each Plaintiff in care of Plaintiff Ahmed Nuri, 12 who is the only Plaintiff who has provided a mailing address. Mr. Nuri is ordered to distribute the 13 envelope to each Plaintiff. The Clerk is further directed to email this notice to each Plaintiff. 14 IT IS SO ORDERED. 15 16 17 18 Dated: October 17, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?