Faalevao v. Mechem et al

Filing 39

ORDER to SHOW CAUSE; ORDER VACATING Settlement Conference signed by Magistrate Judge Gary S. Austin on 6/17/2011. Show Cause Hearing set for 7/13/2011 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Bradley, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LIA CHARLENE FAALEVAO,

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Plaintiff,
v.
TIMOTHY DAVENPORT MECHEM,
INSURED, AND ALLSTATE
INSURANCE COMPANY,

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Defendants.
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1:10-cv-00688 OWW GSA
ORDER TO SHOW CAUSE
Hearing Date: 7/13/11
Time: 10:00 a.m.
Courtroom 10
ORDER VACATING SETTLEMENT
CONFERENCE

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Pursuant to District Judge Oliver W. Wanger’s May 26, 2011 Order, Plaintiff Lia
Charlene Faalevao was ordered, inter alia, as follows:
4.
Plaintiff shall appear for a medical examination by Dr. H.B.
Morgan on June 9, 2011, at 2:00 p.m. in the offices of Dr. Morgan located at 5690
N. Fresno St., #110, Fresno, California.
5.
Plaintiff shall appear for her deposition on June 9, 2011, at 9:00
a.m. at the offices of Auchard & Steward, 2377 W. Shaw, Suite 106, Fresno,
California.

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(Doc. 38 at 2.) However, as the undersigned was recently advised in written correspondence by

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defense counsel, Plaintiff has failed to comply with Judge Wanger’s Order. More particularly,

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the undersigned was advised that Plaintiff failed to appear for the medical examination by Dr.

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Morgan, and also failed to attend her own deposition.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

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Rules or with any order of the Court may be grounds for imposition by the Court of any and all

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sanctions . . . within the inherent power of the Court." District courts have the inherent power to

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control their dockets and "in the exercise of that power, they may impose sanctions including,

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where appropriate . . . dismissal of a case." Thompson v. Housing Auth., 782 F.2d 829, 831 (9th

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Cir. 1986). A court may dismiss an action, with prejudice, based on a party's failure to prosecute

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an action, failure to obey a court order, or failure to comply with local rules. See, e.g. Ghazali v.

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Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik

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v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an

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order requiring amendment of complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir.

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1988) (dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court

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apprised of address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal

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for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir.

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1986) (dismissal for failure to lack of prosecution and failure to comply with local rules). In

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determining whether to dismiss an action for lack of prosecution, failure to obey a court order, or

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failure to comply with local rules, the court must consider several factors: (1) the public's interest

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in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of

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prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits;

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and (5) the availability of less drastic alternatives. Thompson, 782 F.2d at 831; Henderson, 779

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F.2d at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.

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Plaintiff LIA CHARLENE FAALEVAO is hereby ORDERED TO PERSONALLY

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APPEAR to show cause, if any, why the action should not be dismissed for her failure to obey

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the Court’s previous order. Therefor, it is ordered that Ms. Faalevao SHALL PERSONALLY

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APPEAR at the hearing on this Order scheduled for Wednesday, July 13, 2011 at 10:00 a.m. in

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Courtroom 10.

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Plaintiff is cautioned that a failure to personally appear as required in this Order to

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Show Cause will result in a recommendation that this action be dismissed for her failure to

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follow a court order and for a failure to prosecute this action.
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Finally, in light of the foregoing, the mandatory settlement conference scheduled for

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July 13, 2011, at 10:00 a.m. in Courtroom 10 before the undersigned is hereby VACATED.

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IT IS SO ORDERED.

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Dated:
6i0kij

June 17, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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