(PC) Dubrin et al v. Bonilla

Filing 52

ORDER DISCHARGING #49 Order to Show Cause and WITHDRAWING #50 FINDINGS AND RECOMMENDATION to Dismiss Case for Failure to Obey a Court Order signed by Magistrate Judge Jennifer L. Thurston on 2/27/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:11-cv-01484-AWI-JLT (PC)

DURBIN, et al.,

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Plaintiffs,

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v.

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BONILLA, et al.,

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ORDER DISCHARGING ORDER TO SHOW
CAUSE AND WITHDRAWING FINDINGS AND
RECOMMENDATION TO DISMISS CASE FOR
FAILURE TO OBEY A COURT ORDER
(Docs. 44, 47, 49, 50)

Defendants.

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On December 5, 2013, the Court issued an order setting the case for a status conference on

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January 13, 2013 at 9:00 a.m. (Doc. 44.) Plaintiff's counsel did not appear at the status

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conference. (Doc. 47.) The next day, an order issued to Plaintiff's counsel to show cause why

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sanctions should not be imposed for their failure to comply with the Court's Order within fourteen

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(14) days. (Doc. 49.) The 14 day period expired without Plaintiffs' counsel having shown cause

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to prevent imposition of sanctions, or otherwise responding to the Court's order. Thus, on

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February 13, 2014, Findings and Recommendations to dismiss the case for failure to prosecute

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and failure to obey a court order issued, allowing a thirty day objection period. (Doc. 50.) On

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February 25, 2014, Plaintiff's counsel filed a declaration explaining his failure to properly

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calendar both the status conference and a response to the order to show cause was due to serious

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health issues of his teenage son. (Doc. 51.)

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Accordingly, it is HEREBY ORDERED that:
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1. the Order to Plaintiff's Counsel to Show Cause Why Sanctions Should Not be

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Imposed for Their Failure to Comply with the Court's Order, dated January 14,

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2014 (Doc. 49), is DISCHARGED; and

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2. the Findings and Recommendation to Dismiss Case for Failure to Prosecute and

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Failure to Obey a Court Order, dated February 13, 2014 (Doc. 50) is

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WITHDRAWN.

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Plaintiffs' counsel is cautioned that any further failures to prosecute this action or to comply

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with Court orders will be grounds for dismissal.

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IT IS SO ORDERED.
Dated:

February 27, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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