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