Mark Dell Donne et al v. Herbert W Hardt et al

Filing 81

ORDER to SHOW CAUSE Why the Matter Should Not Be Dismissed and/or Sanctions Imposed for Failure to Prosecute, signed by Magistrate Judge Jennifer L. Thurston on 9/3/2013. Show Cause Response due within 5 days. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK DELL DONNE et al.,
Plaintiff,

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v.
HERBERT W. HARDT, et al.,

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Defendants.

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Case No.: 1:10-cv-02341 AWI JLT
ORDER TO SHOW CAUSE WHY THE MATTER
SHOULD NOT BE DISMISSED AND/OR
SANCTIONS IMPOSED FOR FAILURE TO
PROSECUTE

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On January 23, 2013, the Court held the pretrial conference but no party appeared. As a result,

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the Court issued an order to show cause why sanctions should not be imposed. (Doc. 78) In response,

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the parties reported they had finalized settlement but failed to inform the Court. (Doc. 79) As a result,

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the Court discharged the order and indicated it would await a dismissal. (Doc. 80) That order issued

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on February 12. 2013 and yet no dismissal has been filed.

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Therefore, no later than five days from the date of this order, the parties SHALL show cause

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in writing why sanctions should not be imposed, including dismissal, for failure to file the dismissal.

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In the alternative, the parties SHALL file the stipulated dismissal within that same time frame.

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IT IS SO ORDERED.
Dated:

September 3, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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