Gregory Parker v. Fedex National Ltl, Inc. et al

Filing 77

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS by Judge Dale S. Fischer. On 2/2/2011 this Court set a scheduling conference for 5/2/2011, at 11:00 a.m. Plaintiffs counsel failed to appe ar. Plaintiffs counsel is ordered to show cause in writing no later than May 10 why sanctions payable to the clerk in the amount of $250 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. Defense counsel may submit a request for attorneys fees incurred. A hearing on this Order to Show Cause and a new Scheduling Conference is set for 5/16/2011, at 11:00 a.m. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 11-638 DSF (FFMx)

5/3/11

Gregory Parker, et al. v. FedEx National LTL, Inc., et al.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
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 February 2, 2011 this Court set a scheduling conference for May 2, 2011, at
11:00 a.m. Plaintiff’s counsel failed to appear. The failure to appear appears wilful in
that Plaintiff’s counsel made numerous calls to the Courtroom Deputy Clerk on the
morning of May 2 indicating she did not want to drive to the Court and wanted to appear
by telephone. The Court did not receive any of counsel’s messages, as the Courtroom
Deputy Clerk was in Court continuously throughout the morning. In any event, this
Court does not permit appearance by telephone except in extraordinary circumstances.
Both defense counsel and the Court were inconvenienced by the failure of
Plaintiff’s counsel to comply with this Court’s orders. Plaintiff’s counsel is ordered to
show cause in writing no later than May 10 why sanctions payable to the clerk of the
Court in the amount of $250 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.
Defense counsel may submit a request for attorney’s fees incurred. A hearing on this
Order to Show Cause and a new Scheduling Conference is set for May 16, 2011, at 11:00
a.m.

IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

CV-90 (12/02)

MEMORANDUM

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