Rojas v. Red Robin International, Inc.
- Edward Davila
- 5:20-cv-07511
- U.S. District Court · Northern District of California
- 1
In Rojas v. Red Robin, Judge Davila ordered Eric Rojas to explain why his case should not be dismissed with prejudice for failing to prosecute.
Eric Rojas, the plaintiff, must respond to the order and appear in court; the action could be dismissed with prejudice if he does not file the required response.
What happened
In Rojas v. Red Robin International, Inc., Eric Rojas filed the action on October 26, 2020. The court said he did not file a required notice by the April 19, 2021 deadline or ask for more time.
The court ordered Rojas to submit a written response by July 2, 2021, explaining why the case should not be dismissed with prejudice for failing to move it forward. It also ordered him to appear in court on July 15, 2021.
Judge Edward J. Davila did not dismiss the case in this order. The order warns that the court will dismiss it with prejudice if Rojas does not file the required response.
The detailed version
- Rojas v. Red Robin International, Inc. · No. 5:20-cv-07511
- Edward Davila
- May 24, 2021
Background
Eric Rojas filed the action on October 26, 2020. Under General Order 56, the parties’ last day to conduct a joint site inspection was March 8, 2021. Rojas’s last day to file a notice saying that mediation was needed was April 19, 2021.
The court stated that Rojas did not file the mediation notice and did not ask the court for relief from the April 19 deadline.
Order to Show Cause
An order to show cause requires a party to explain why the court should not take a specified action. The court ordered Rojas to file a written response by July 2, 2021, explaining why the action should not be dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). A dismissal with prejudice bars refiling the dismissed action.
The court also ordered Rojas to appear on July 15, 2021, at 10:00 a.m. and show cause in person. The court warned that if Rojas did not file a written response by July 2, it would dismiss the action with prejudice under Rule 41(b).
Disposition
Judge Edward J. Davila issued an order to show cause; he did not dismiss the action in this order. The threatened dismissal was based on Rojas’s failure to meet the stated deadline and failure to move the case forward, not on a decision about the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.