Equal Employment Opportunity Commission v. Global Horizons, Inc. et al

Filing 768

ORDER TO SHOW CAUSE WHY DEFENDANT CAPTAIN COOK COFFEE COMPANY, LTD.'S CROSS-CLAIM SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE - Signed by JUDGE LESLIE E. KOBAYASHI on 1/8/2015. Show Cause Hearing set for 3/2/2015 10:30 AM before JUDGE LESLIE E. KOBAYASHI. "This Court directs the Clerks Office to serve a copy of this Order to Show Cause on Mr. McLaughlin at both the Adrian Court address and the Strawberry Hill address." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of the order was served to Captain Cook Coffee Company, Ltd., Attn: Steve McLaughlin, President at 32 Adrian Court, Burlingame, CA 94010 and at 3058 Strawberry Hill Road, Pebble Beach, CA 93953 on January 8, 2015. Modified on 1/8/2015 (emt, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES EQUAL
EMPLOYMENT OPPORTUNITY
COMMISSION,

)
)
)
)
Plaintiff,
)
)
vs.
)
)
GLOBAL HORIZONS, INC., DBA
)
GLOBAL HORIZONS MANPOWER,
)
INC.; CAPTAIN COOK COFFEE
)
COMPANY LTD.; DEL MONTE FRESH )
PRODUCE (HAWAII), INC.; KAUAI )
COFFEE COMPANY, INC.; KELENA )
FARMS, INC.,; MAC FARMS OF
)
HAWAII, LLC NKA MF NUT CO.,
)
LLC; MAUI PINEAPPLE COMPANY, )
LTD. AKA MAUI PINEAPPLE
)
FARMS; ALEXANDER & BALDWIN,
)
INC.; MASSIMO ZANETTI
)
BEVERAGE USA, INC.; AND DOES )
1-15, INCLUSIVE,
)
)
Defendants.
)
____________________________ )

CIVIL 11-00257 LEK

ORDER TO SHOW CAUSE WHY DEFENDANT CAPTAIN COOK
COFFEE COMPANY, LTD.’S CROSS-CLAIM SHOULD
NOT BE DISMISSED FOR FAILURE TO PROSECUTE
On November 9, 2012, Defendant Captain Cook Coffee
Company, Ltd. (“Captain Cook”) filed a cross-claim against
Defendant Global Horizons, Inc., doing business as Global
Horizons Manpower, Inc. (“Global Horizons” and “the Captain Cook
Cross-claim”), with its answer to Plaintiff Equal Employment
Opportunity Commission’s (“the EEOC”) Third Amended Complaint,
filed July 2, 2012.

[Dkt. nos. 263, 405.]

Global Horizons filed

an answer to the Captain Cook Cross-claim on December 31, 2012.

[Dkt. no. 480.]

No party has filed a motion or other document

addressing the Captain Cook Cross-claim.
On September 3, 2014, this Court filed an order
approving the consent decree between the EEOC and Captain Cook
(“Captain Cook Consent Decree”).

[Dkt. no. 720.]

The Captain

Cook Consent Decree resolves all of the EEOC’s claims against
Captain Cook, but it does not address the Captain Cook Crossclaim.
On September 24, 2014, the magistrate judge issued an
entering order directing the Farm Defendants - which includes
Captain Cook - to file reports regarding the status of their
outstanding cross-claims against Global Horizons (“9/24/14 EO”).
[Dkt. no. 726.]

Captain Cook did not file a status report.

On

September 29, 2014, the magistrate judge held a telephonic status
conference with counsel for the EEOC, Defendant Del Monte Fresh
Produce (Hawaii), also known as Del Monte Fresh Produce (Hawaii),
Inc., and Defendant Mac Farms of Hawaii, LLC, now known as MF Nut
Co., LLC.

[Minutes, filed 9/29/14 (dkt. no. 732).]

The

magistrate judge informed counsel that any stipulations to
dismiss the cross-claims against Global Horizons should be
submitted in accordance with Rule LR100.8.2 of the Local Rules of
Practice of the United States District Court for the District of
Hawai`i (“Local Rules”).

2

Since the date of the status conference, this Court has
approved stipulations to dismiss all of the cross-claims, except
the Captain Cook Cross-claim.

[Stipulations and orders, filed

9/30/14 (dkt. no. 734), filed 10/6/14 (dkt. no. 735), filed
10/7/14 (dkt. no. 736), filed 10/16/14 (dkt. no. 751).]

Captain

Cook and Global Horizons have not submitted a stipulation to
dismiss the Captain Cook Cross-claim.
Before this Court can issue the final judgment in this
case, it must resolve the Captain Cook Cross-claim.

Captain

Cook, however, is not currently represented by counsel.

On

December 12, 2012, the magistrate judge issued an order granting
Cades Schutte LLP’s Motion to Withdraw as Counsel, filed
November 14, 2012.

[Dkt. nos. 413, 468.]

No counsel has entered

an appearance on Captain Cook’s behalf since that time.

Captain

Cook, as a legal entity, cannot represent itself pro se and must
be represented by an attorney authorized to practice in this
district.

See Local Rule LR83.11.

According to the district

court’s docket sheet for this case, the contact person for
Captain Cook is Mr. Steve McLaughlin, President, 32 Adrian Court,
Burlingame, CA 94010, but that address appears to be invalid.
See, e.g., Notice of Electronic Filing (Mail Returned as
Undeliverable), filed 9/20/13 (dkt. no. 566).1

1

Although

The district court has also attempted to contact
Mr. McLaughlin at 3058 Strawberry Hill Road, Pebble Beach, CA
(continued...)
3

Mr. McLaughlin signed the Captain Cook Consent Decree as
Captain’s Cook’s representative, see Captain Cook Consent Decree
at 24, he has neither attempted to file any documents in this
case nor indicated whether Captain Cook intends to hire legal
counsel to litigate the Captain Cook Cross-claim.
On the basis of the foregoing, this Court HEREBY ORDERS
CAPTAIN COOK TO SHOW CAUSE WHY ITS CROSS-CLAIM AGAINST GLOBAL
HORIZONS SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE.
Fed. R. Civ. P. 41(b), (c).

See

This Court ORDERS Captain Cook to

appear, through counsel authorized to practice in this district,
at a hearing on this Order to Show Cause on Monday, March 2,
2015, at 10:30 a.m.

If Captain Cook does not have legal counsel

by the date of the hearing but wishes to prosecute the Captain
Cook Cross-claim, a non-attorney representative of Captain Cook
may appear at the hearing to request an extension of time to
allow the entity to retain counsel.
This Court CAUTIONS Captain Cook that, if it fails to
appear at the hearing on March 2, 2015, this Court will DISMISS
the Captain Cook Cross-claim WITHOUT PREJUDICE and will direct
the Clerk’s Office to enter final judgment and close this case.

1

(...continued)
93953. See, e.g., Mail Returned to Sender, filed 11/18/13 (dkt.
no. 649) (noting that returned mail sent to the Adrian Court
address will be resent to Strawberry Hill Road address).
4

This Court directs the Clerk’s Office to serve a copy
of this Order to Show Cause on Mr. McLaughlin at both the Adrian
Court address and the Strawberry Hill address.
IT IS SO ORDERED.
DATED AT HONOLULU, HAWAII, January 8, 2015.

/s/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

EEOC VS. GLOBAL HORIZONS, INC., ET AL; CIVIL 11-00257 LEK-RLP;
ORDER TO SHOW CAUSE WHY DEFENDANT CAPTAIN COOK COFFEE COMPANY,
LTD’S CROSS-CLAIM SHOULD NOT BE DISMISSED FOR FAILURE TO
PROSECUTE

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