Brian Whitaker v. Pacific Investments I and M, LLC et al

Filing 22

ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. A Show Cause Hearing Re: Sanctions and Dismissal of Action is set for 6/22/2017 at 10:00 AM before Judge Fernando M. Olguin. Plaintiff shall show cause for failure to comply with the court's Order to Show Cause 18 ; defendants shall also attend the hearing. (cw)

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

CV 17-0260

Title

Brian Whitaker v. Pacific Investments I and M, LLC, et. al.

Present: The Honorable

Date

June 19, 2017

Fernando M. Olguin, United States District Judge

Cheryl Wynn

None Present

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Sanctions and Dismissal
of Action

Pursuant to the Court’s Order of March 8, 2017, the parties were required to complete a
settlement conference before a mediator from the court’s ADR Panel no later than May 22, 2017.
(See Dkt. 14, Court’s Order of March 8, 2017, at 1). The parties were required to file with the court
a Joint Status Report no later than seven days after the ADR proceeding was completed advising
the court of the status of the alleged violations and their mediation efforts. (See id.). The parties
did not timely file a Joint Status Report. (See, generally, Dkt.). Accordingly, on June 12, 2017,
the court issued an Order to Show Cause Re: Sanctions or Dismissal (“OSC”) for the parties
failure to file their Joint Status Report, and cautioned the parties that the “[f]ailure to submit a
response [] by the deadline set forth above [could] result in the imposition of sanctions and/or
dismissal of this action for lack of prosecution.” (See Dkt. 18, “Court’s Order of June 12, 2017").
Defendants Pacific Investments I and M, LLC, and ENT Restaurant Holdings, LLC, have
responded to the court’s OSC. (See Dkt. 20, Declaration of Roberto Saldana in Response [to] to
[OSC], (“Saldana Decl.”); Dkt. 21, Declaration of Michelle T. Fernandez in Response to [OSC],
(“Fernandez Decl.”)). Plaintiff, however, did not respond to the court’s OSC. (See, generally,
Dkt.). According to defendants, plaintiff has “failed to communicate with Defendant[s] . . . to
participate in setting a mediation date and mediate the matter as ordered by the Court.” (Dkt. 20,
Saldana Decl. at ¶ 10; see Dkt. 21, Fernandez Decl. at ¶ 16).
Based on the foregoing, IT IS ORDERED THAT:
1. Plaintiff shall show cause on Thursday, June 22, 2017, at 10:00 a.m. in Courtroom 6D
of the First Street Courthouse why sanctions should not be imposed for failure to comply with the
court’s OSC. The failure of plaintiff to attend the show cause hearing on Thursday, June 22, 2017,
may result in the imposition of sanctions and/or dismissal of the action without prejudice for lack
of prosecution and/or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Link v.
Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962); Pagtalunan v. Galaza, 291
F.3d 639, 642 (9th Cir. 2002), cert. denied, 538 U.S. 909 (2003).

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CIVIL MINUTES - GENERAL

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

CV 17-0260

Date

June 19, 2017

Title

Brian Whitaker v. Pacific Investments I and M, LLC, et. al.
2. Counsel for defendants shall also attend the OSC hearing.

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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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cw

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