Medlock v. Taco Bell Corp., et al.

Filing 490

ORDER discharging Order to Show Cause Hearing. The show cause hearing scheduled for 9/24/2014 is VACATED. Signed by Magistrate Judge Stanley A. Boone on 9/22/2014. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRIKA MEDLOCK, et al.,
Plaintiffs,

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Case No. 1:07-cv-01314-SAB
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
TACO BELL CORP., et al,
Defendants.

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On August 29, 2014, the Court issued an order whereby Defendants were ordered to

18 show cause why they should not be sanctioned for their wasteful litigation tactics, including their
19 attempt to re-litigate certain issues pertaining to the definition of the class of plaintiffs in this
20 action. (ECF No. 487.) Defendants submitted a written response to the order to show cause on
21 September 16, 2014. (ECF No. 489.)
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Having reviewed Defendants response to the order to show cause, the Court will vacate

23 the show cause hearing and discharge the order to show cause. However, this should not be
24 interpreted as an endorsement of Defendants’ actions. The Court is not entirely satisfied or
25 convinced by Defendants’ explanation for their actions.
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In the future, the parties must be mindful of their conduct in the course of this litigation

27 and that such course of conduct gives little to no regard to this Court’s overburdened docket and
28 to the time, resources and costs of an opposing party. The Court has been forced to expend its

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1 own time and resources adjudicating “issues” raised by Defendants that have had little material
2 impact in this litigation or that have already been adjudicated by the Court on prior occasions.
While this order to show cause has been directed to Defendants based upon Plaintiffs’

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4 request, the parties are forewarned that further frivolous filings and arguments will be met with a
5 sua sponte issuance of an order to show cause why sanctions should not be issued. The Court
6 will not tolerate the filing of duplicative motions or raising issues that have already been
7 adjudicated under the hope that the issue will be decided differently simply because it is brought
8 in a slightly different procedural posture.
Based upon the foregoing, it is HEREBY ORDERED that the Court’s August 29, 2014

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10 order to show cause is DISCHARGED and the show cause hearing scheduled for September 24,
11 2014 is VACATED.
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IT IS SO ORDERED.

14 Dated:

September 22, 2014
UNITED STATES MAGISTRATE JUDGE

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