JCM Farming, Inc. v. Garcia et al

Filing 29

MEMORANDUM (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS by Judge Dale S. Fischer. The date previously set for the scheduling conference is vacated. Plaintiff isordered to show cause i n writing no later than 8/1, why this action should not be dismissed, and why sanctions should not be imposed pursuant to Local Rule 83-7, for Plaintiffs failure to prosecute this action and failure to comply with the Courts order and the Federal Rul es of Civil Procedure. A hearing on this Order to Show Cause is set for 8/22/2011, at 11:00 a.m. The filing of a Joint Rule 26(f) Report no later than 8/1/2011, and attendance of lead counsel at the Order to Show Cause hearing, shall be deemed a sufficient responseto this Order to Show Cause. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 10-7442 DSF (OPx)

7/22/11

JCM Farming, Inc., et al. v. United States Dept. of Agriculture, et al.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Vanessa Del Rio
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) ORDER TO SHOW CAUSE RE DISMISSAL FOR
FAILURE TO PROSECUTE AND FAILURE TO COMPLY
WITH COURT ORDERS

On April 4, 2011, this Court issued its Order Setting Scheduling Conference.
Pursuant to the Order, and to Rules 16 and 26(f) of the Federal Rules of Civil Procedure,
and Local Rules 16 and 26, the scheduling conference was set for August 1, 2011, at
11:00 a.m. and counsel were to confer no later than 21 days before the scheduling
conference. Peter McBreen, counsel for certain defendants, has filed a declaration stating
that he attempted on several occasions to arrange such a conference with plaintiff’s
counsel. Plaintiff has the burden of prosecuting this action. Failure to do so may result
in sanctions, including dismissal.
The date previously set for the scheduling conference is vacated. Plaintiff is
ordered to show cause in writing no later than August 1, why this action should not be
dismissed, and why sanctions should not be imposed pursuant to Local Rule 83-7, for
Plaintiff’s failure to prosecute this action and failure to comply with the Court’s order and
the Federal Rules of Civil Procedure. A hearing on this Order to Show Cause is set for
August 22, 2011, at 11:00 a.m.
The filing of a Joint Rule 26(f) Report no later than August 1, 2011, and attendance
of lead counsel at the Order to Show Cause hearing, shall be deemed a sufficient response
to this Order to Show Cause. If counsel timely file a Joint 26(f) Report, a scheduling
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
conference will be held in lieu of the hearing on the Order to Show Cause. Counsel are
reminded that paper Chambers copies must be delivered pursuant to this Court’s General
Orders and the Local Rules. Counsel are further reminded to review carefully the
General Orders and Local Rules for this district and all of this Court’s standing orders.
If no response is filed, this action will be dismissed.

IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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