Quiroz

Quiroz v. ADS-Myers, Inc.

Good Law
United States District Court, Northern District of CaliforniaJune 14, 20233:20-cv-01755California453 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JENNY QUIROZ, et al., Case No. 20-cv-01755-JD

Plaintiffs,

ORDER RE MOTION TO SET ASIDE

v. DISMISSAL

ADS-MYERS, INC., et al., Defendants.

12 This putative class action was stayed pending arbitration on September 29, 2021. Dkt. No. 63. The parties were directed to file joint status reports on the arbitration every 90 days. Id. at 9. More than one year passed, and nothing was filed on the ECF docket. On January 11, 2023, the Court ordered the parties to file a joint status update by January 18, 2023, and warned that “[a] failure to meet this deadline will result in a dismissal of the complaint and closure of the case under Federal Rule of Civil Procedure 41(b).” Dkt. No. 64. The deadline passed, and again nothing was filed. On January 24, 2023, the Court dismissed the case with prejudice under Rule 41(b) for failure to prosecute and failure to follow the Court’s orders. Dkt. No. 65. On January 31, 2023, plaintiffs suddenly…

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