Stanislaus Towing & Recovery Services, INC., et al v City of Modesto, et al

Filing 42

ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failure to Dismiss Action, signed by District Judge Lawrence J. O'Neill on 10/3/2012. Show Cause Response due by 10/10/2012. (Jessen, A)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 STANISLAUS TOWING & RECOVERY SERVICES, INC., et al., CASE NO. CV F 11-1344 LJO DLB 8 Plaintiffs, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO DISMISS ACTION (Doc. 41.) 9 vs. 10 CITY OF MODESTO, et al., 11 Defendants. 12 / 13 This Court’s August 30, 2012 minute order set a 30-day deadline for the parties to file papers to 14 dismiss this action. The parties have failed to comply with the minute order. This Court’s Local Rule 15 110 provides that failure to comply with an order of this Court “may be grounds for imposition by the 16 Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court.” 17 Accordingly, this Court ORDERS the parties, no later than October 10, 2012, to file papers to 18 show cause why sanctions, including dismissal of this action with or without prejudice and monetary 19 sanctions against counsel and/or plaintiffs, should not be imposed for failure to comply with the 20 February 15, 2012 order. This order to show cause will be discharged if, no later than October 10, 2012, 21 papers are filed to dismiss this action in its entirety. 22 Moreover, if the parties fail to complete settlement, this Court will explore resetting trial as soon 23 as possible and if necessary, reassigning this action to another district judge, including one from the 24 Sacramento division or another district, to expedite trial. 25 26 IT IS SO ORDERED. 27 Dated: 66h44d October 3, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 28 1

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