Firooz v. Takata Corporation et al

Filing 48

ORDER Regarding Order to Show Cause (ECF No. 46 ). Counsel for Plaintiff and counsel for the Toyota Defendants to meet and confer and file a joint motion to dismiss by 11/14/2018. If the parties fail to agree to file a joint motion to dismiss, they must file a status report, by the same date. Signed by Magistrate Judge Nita L. Stormes on 11/07/2018.(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DAVID FIROOZ,

Case No.: 17cv867 WQH (NLS)
Plaintiff,

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v.

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ORDER REGARDING ORDER TO
SHOW CASE

TAKATA CORPORATION, TK
HOLDINGS INC., TOYOTA MOTOR
CORPORATION, TOYOTA MOTOR
NORTH AMERICA, INC., TOYOTA
MOTOR SALES, U.S.A., INC.,
TOYOTA MOTOR ENGINEERING &
MANUFACTURING NORTH
AMERICA, INC., PREMIER
AUTOMOTIVE OF CA, LLC, ANDRES
LIERA VALENZUELA, and DOES 1100, Inclusive,

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[ECF No. 46]

Defendants.

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On October 19, 2018, Defendant Toyota Motor Sales, U.S.A., Inc. (“Toyota”) filed

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a motion for determination of discovery dispute regarding its special interrogatories and

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requests to produce documents. ECF No. 45. Hearing no response from Plaintiff, the

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Court issued an Order to Show Cause (“OSC”) on October 29, 2018, ordering Plaintiff to

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file explanatory briefing as to why he has failed to respond to discovery and participate in
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17cv867 WQH (NLS)

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the joint motion practice. ECF No. 46.

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Plaintiff timely filed a declaration in response to the OSC. ECF No. 47. His filing

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includes a Notice of Voluntary Dismissal as to the Toyota Defendants under Federal Rule

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of Civil Procedure 41(a). ECF No. 47-1. However, this notice is insufficient in this case

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to dismiss the parties because the Toyota Defendants have answered.1 Fed. R. Civ. P

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41(a) (“the plaintiff may dismiss an action without a court order by filing [] a notice of

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dismissal before the opposing party serves either an answer or a motion for summary

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judgment”); see ECF Nos. 6-9.

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Accordingly, the Court ORDERS counsel for Plaintiff and counsel for the Toyota

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Defendants to meet and confer and file a joint motion to dismiss by November 14, 2018.

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If the parties fail to agree to file a joint motion to dismiss, they must file a status report,

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by the same date.

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IT IS SO ORDERED.
Dated: November 7, 2018

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Even if the filing would otherwise be sufficient, it would also have to be filed on the
docket as a separate document—not only as an attachment to a declaration in response to
the OSC.
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17cv867 WQH (NLS)