Allied World National Assurance Co., et al. v. SK PM Corp. et al.

Filing 78

ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 10/18/2011. Show Cause Response due by 11/2/2011. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLIED WORLD NATIONAL ASSURANCE )
COMPANY, et al.,
)
)
Plaintiffs,
)
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v.
)
)
SK PM CORP., et al.,
)
)
Defendants.
)
_______________________________________ )

Case No.: 1:10-cv-01262 -- JLT
ORDER TO ALL PARTIES TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE
IMPOSED FOR FAILURE TO OBEY THE
COURT’S ORDER

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On September 14, 2011, the Court issued its Order of Reassignment, in which the Court

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informed the parties that the assignment of the action to Senior U.S. District Judge Wanger was

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withdrawn. (Doc. 77). The parties were ordered “to affirmatively indicate whether they consent to

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or decline the consent of the U.S. Magistrate Judge pursuant to 28 USC § 636 (c) . . . WITHIN 30

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DAYS OF THIS ORDER.” Id. at 2 (emphasis in original). Consequently, the parties were to file

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the form attached to the order, indicating their consent or decline no later than October 14, 2011. To

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date, all parties have failed to comply with the Court’s Order.

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The parties were warned: “Failure to timely comply with this order will result in an Order to

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Show Cause and may result in sanctions.” (Doc. 77 at 2). The Local Rules, corresponding with Fed.

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R. Civ. P. 11, provide: “Failure of counsel or of a party to comply with . . . any order of the Court

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may be grounds for the imposition by the Court of any and all sanctions . . . within the inherent

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power of the Court.” LR 110. Further, a court may impose sanctions in exercising the “inherent
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power to control [its] dockets.” Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831

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(9th Cir. 1986).

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Accordingly, Plaintiffs and Defendants are ORDERED to show cause within 14 days of the

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date of service of this Order why sanctions should not be imposed for their failure to follow the

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Court’s Order. In the alternative, the parties may complete and file the consent form, indicating

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whether they consent to or decline the jurisdiction of the Magistrate Judge.

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IT IS SO ORDERED.

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Dated: October 18, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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