William Bower et al v. County of Riverside et al

Filing 90

MINUTES (IN CHAMBERS) RE: ORDER FOR PLAINTIFFS BOWER AND FINLAYSON AND PLAINTIFFS' COUNSEL TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ENTERED FOR FAILURE TO FILE CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by Magistrate Judge Kenly Kiya Kato. Additionally, in light of Plaintiffs' failure to submit a timely settlement conference statement, the August 22, 2018 settlement conference is VACATED. Response to Order to Show Cause due by 8/22/2018. (dts)

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

EDCV 15-2660-DSF (KKx)

Date August 20, 2018

Title William Bower, et al. v. County of Riverside, et al.
Present: The Honorable

KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE

DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

ORDER for Plaintiffs Bower and Finlayson and Plaintiffs’ Counsel to
Show Cause Why Sanctions Should Not be Entered for Failure to File
Confidential Settlement Conference Statement (IN CHAMBERS)

On July 11, 2016, the Honorable Dale S. Fischer referred this matter for mandatory ADR
proceedings to be completed no later than April 3, 2017. ECF Docket No. (“Dkt.”) 30.
On July 30, 2018, Judge Fischer held a pretrial conference and ordered the parties to
contact Magistrate Judge Kenly Kiya Kato regarding scheduling a settlement conference. Dkt.
88. On August 3, 2018, Judge Kato issued an Order Regarding Settlement Conference,
scheduling the settlement conference for August 22, 2018, and ordering the parties to submit
Confidential Settlement Conference Statements five court days prior to the date of the
settlement conference, i.e. August 15, 2018. 1 Dkt. 89.
The Court has received Defendants’ Confidential Settlement Conference Statement.
However, as of this date, the Court has not received a Confidential Settlement Conference
Statement from plaintiffs William Bower and Michelle Finlayson.
1

Following the Court’s August 3, 2018 order, Plaintiffs’ counsel apparently informed
Court staff he was unavailable on August 22, 2018. The parties were, therefore, directed to
propose alternate dates for the settlement conference to proceed in light of the approaching
September 4, 2018 trial date. Despite multiple communications from this Court, the parties
failed to provide an alternate date. Hence, the dates set forth in the August 3, 2018 order remain.

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The Court, therefore, ORDERS plaintiffs Bower and Finlayson and plaintiffs’ counsel,
Jerry L. Steering, to show cause why they should not be sanctioned in the amount of $1,000 each
for their failure to comply with the Court’s order. Plaintiffs and plaintiffs’ counsel shall respond
in writing to this Order to Show Cause and submit the required filings no later than August 22,
2018. Additionally, in light of Plaintiffs’ failure to submit a timely settlement conference
statement, the August 22, 2018 settlement conference is VACATED.
IT IS SO ORDERED.

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