Michael Gates v. Lonnie D. Jackson, Jr. et al

Filing 186

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND/OR FAILURE TO COMPLY WITH COURT ORDER by Magistrate Judge Jacqueline Chooljian. IT IS ORDERED that the Plaintiff shall show cause in writing, on or before July 5, 2023, as to why this case should not be dismissed based on Plaintiff's failure to prosecute and/or Plaintiff's failure to comply with the April Order. If Plaintiff wishes to proceed with this action, Plaintiff must also file by no later than July 5, 2023, his currently overdue responses to the Motions or a request for an extension of time to do so which is supported by good cause. (see document for further details) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:14-cv-00904-DDP-JC

Title

Michael Gates v. Lonnie D. Jackson, Jr. et al

Present: The Honorable

Date

June 16, 2023

Jacqueline Chooljian, United States Magistrate Judge

Kerri Hays

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

none

none

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE
SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
AND/OR FAILURE TO COMPLY WITH COURT ORDER

On April 18, 2023, this Court issued an Order Setting Briefing Schedule on Pending Motions
(“April Order”), which, in pertinent part, directed Plaintiff to file responses (or a joint response) to
Defendant’s Motion to Enforce Settlement Agreement and Motion to Stay (collectively “Motions”)
within thirty (30) days, i.e., by not later than May 18, 2023.1 The April Order cautioned Plaintiff, in
bold-faced print that the failure timely to file oppositions to the Motions may be deemed consent to the
granting of the Motions pursuant to Local Rule 7-12 and may result in dismissal which could end this
case and that Plaintiff’s failure timely to file oppositions to the Motions may result in the dismissal of
this action for failure to prosecute and/or failure to comply with the April Order. Plaintiff’s deadline to
file oppositions to the Motions expired nearly a month ago, but to date, Plaintiff has failed to file any
opposition/response to the Motions.
In light of the foregoing, IT IS ORDERED that the Plaintiff shall show cause in writing, on or
before July 5, 2023, as to why this case should not be dismissed based on Plaintiff’s failure to prosecute
and/or Plaintiff’s failure to comply with the April Order. If Plaintiff wishes to proceed with this action,
Plaintiff must also file by no later than July 5, 2023, his currently overdue responses to the Motions or a
request for an extension of time to do so which is supported by good cause.
Plaintiff is cautioned that the failure timely to comply with this Order to Show Cause
and/or to show good cause, may result in the dismissal of this action for failure to prosecute and/or
failure to comply with the April Order and/or the instant Order.
IT IS SO ORDERED.

1

Plaintiff filed a Notice of Change of Address on May 25, 2023. In light of time between the
issuance of the April Order and the filing of the Notice of Change of Address, and the fact that the copy
of the April Order that was served on Plaintiff at his prior address has not been returned undelivered, the
Court presumes that Plaintiff received the April Order, but nonetheless, in an abundance of caution,
issues this Order to Show Cause to afford Plaintiff what may be his final opportunity to avoid dismissal.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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