Naiman v. True Renewable Energy, Incorporated

• Court: District Court, N.D. California
• Decided: November 13, 2019
• Docket: 4:18-cv-04540
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SIDNEY NAIMAN, Case No. 18-cv-04540-KAW

8 Plaintiff, ORDER TO SHOW CAUSE 9 v. Re: Dkt. No. 36 10 TRUE RENEWABLE ENERGY, INCORPORATED, et al., 11 Defendants. 12 13 On July 17, 2019, Plaintiff filed a voluntary dismissal of the individual claims with 14 prejudice, and class claims without prejudice. (Dkt. No. 35.) That same day, the Court ordered 15 Plaintiff to file a dismissal within 60 days, absent any extension by the Court. (Dkt. No. 36.) The 16 Court further stated that to the extent Plaintiff sought to dismiss the class claims, Plaintiff must 17 address the Diaz factors. Diaz v. Tr. Territory of Pac. Islands, 876 F.2d 1404, 1408 (9th Cir. 18 1989) (listing factors the court must inquire into to determine whether there is prejudice to the 19 class members from dismissal of the class claims). 20 On September 16, 2019, Plaintiff filed a notice to extend the time to file dispositive 21 documentation by thirty days in order to finalize the settlement agreement. (Dkt. No. 37.) Thus, 22 Plaintiff’s dismissal was due by October 16, 2019. 23 /// 24 /// 25 /// 26 /// 27 /// 1 As of the date of this order, Plaintiff has not filed his dismissal. Accordingly, the Court 2 ORDERS Plaintiff to show cause, by November 22, 2019, why Plaintiff should not be sanctioned 3 for failing to comply with the Court’s order by: (1) filing his dismissal, which shall address the 4 || Diaz factors if dismissing the class claims, and (2) explaining why Plaintiff did not timely comply 5 with the Court’s order. 6 IT IS SO ORDERED. 7 Dated: November 13, 2019 8 an A. a A 9 United States Magistrate Judge 10 11 a 12

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