Jesus Jesse Cadena v. JIR Fighter, Inc. et al

Filing 44

MINUTES (In Chambers) Order to Show Cause Why Action Should Not Be Dismissed for Failure to Prosecute and Comply with Court Orders by Judge Kenly Kiya Kato. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing why this action should not be dismissed and/or sanctions imposed for failure to prosecute and/or comply with court orders. Plaintiff shall have up to and including June 7, 2024 to respond to this Order. (See document for further information). (aco)

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

EDCV 23-1512-KK-SHKx

Date: June 5, 2024

Title: Jesus Jesse Cadena v. JIR Fighter, Inc., et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES DISTRICT JUDGE
Noe Ponce

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Action Should Not Be Dismissed
for Failure to Prosecute and Comply with Court Orders

On December 21, 2021, plaintiff Jesus Jesse Cadena (“Plaintiff”) filed the operative
Complaint in San Bernardino County Superior Court against defendants JIR Fighters, Inc. and
Ilenya Ignacchiti (“Defendants”) raising claims of negligence arising from an automobile accident
that occurred on December 27, 2019. ECF Docket No. (“Dkt.”) 1-2. On July 31, 2023, Defendant
removed the action to this Court. Dkt. 1.
On February 1, 2024, the Court issued a Civil Trial Scheduling Order setting all pretrial and
trial dates and deadlines, including a deadline to “Conduct Second 1 Settlement Proceedings” by May
10, 2024. Dkt. 25 at 1 (emphasis in original). The Court ordered, “Plaintiff shall file a Joint Report
regarding the outcome of settlement discussions, the likelihood of possible further discussions, and
any help the Court may provide with regard to settlement negotiations not later than seven (7)
days after the settlement conference.” Id. at 3 (emphasis in original). The Court also issued an
Order/Referral to ADR, reiterating the deadlines to conduct ADR proceedings by May 10, 2024 and
to file a joint report by May 17, 2024. Dkt. 26.
Plaintiff was, therefore, required to file a joint status report regarding the outcome of the
parties’ second settlement proceedings no later than May 17, 2024. However, to date, the Court has
The parties’ Joint Case Management Statement in response to the Court’s November 22,
2023 Reassignment Order, dkt. 19, noted the parties had a voluntary private mediation scheduled on
December 13, 2023. Dkt. 20 at 2.
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not received a joint status report or any indication the parties engaged in second settlement
proceedings as required by the Civil Trial Scheduling Order. Thus, Plaintiff is in violation of the
Court’s February 1, 2024 Civil Trial Scheduling and ADR Orders.
Pursuant to Federal Rule of Civil Procedure 41(b), the Court may dismiss this action with
prejudice for failure to prosecute or failure to comply with a court order. See FED. R. CIV. P. 41(b).
Before dismissing this action, the Court will afford Plaintiff an opportunity to explain his failure to
file a joint status report as directed by the Court’s February 1, 2024 Civil Trial Scheduling and ADR
Orders.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing why this action
should not be dismissed and/or sanctions imposed for failure to prosecute and/or comply with
court orders. Plaintiff shall have up to and including June 7, 2024 to respond to this Order.
Plaintiff is expressly warned that failure to timely file a response to this Order will
result in this action being dismissed without prejudice and/or other sanctions, including
monetary sanctions, for failure to prosecute and comply with Court orders. See FED. R. CIV.
P. 41(b).
IT IS SO ORDERED.

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