(PC) Dubrin et al v. Bonilla

Filing 64

ORDER DISREGARDING Order to Show Cause #62 , signed by Magistrate Judge Jennifer L. Thurston on 3/17/15: Response Due April 20, 2015. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURBIN, et al.,

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

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Plaintiffs,
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ORDER DISCHARGING ORDER TO SHOW
CAUSE

v.
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(Doc. 62)
BONILLA, et al.,

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RESPONSE DUE APRIL 20, 2015
Defendants.

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Plaintiffs are state prisoners who were confined in the Security Housing Unit (“SHU”) at

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the California Correctional Institution (“CCI”) in Tehachapi. (Doc. 19 at 2.) The parties were

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previously ordered to submit statements regarding whether a settlement conference would be of

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assistance. (Doc. 59.) In response, a stipulation to stay discovery and to extend the filing

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deadline for their response to the Court's inquiry until the end of February was filed. (Doc. 60.)

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On February 4, 2015, an order issued staying discovery and granting the parties until February 27,

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2015 to submit statements indicating whether in good faith they were interested in having a

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settlement conference scheduled in this action. (Doc. 61.) The deadline lapsed without response

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from either side. Thus, on March 4, 2015, an order issued for the parties to show cause within

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fourteen days why sanctions should not be imposed for their failure to respond to the February

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4th order. (Doc. 62.)

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On March 16, 2015 defense counsel filed a response for both sides in this action. (Doc.
63.) In this response, defense counsel indicated that the parties had agreed she would provide the
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response to the February 4th order, but due to trial in another action, she inadvertently forgot to

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file the response. She further indicates that the parties have been engaging in good faith

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settlement negotiations and that she is scheduled to meet with her clients on March 27, 2015.

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(Id.)

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While defense counsel's explanation for her inattention to this file is accepted, she is

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reminded that deadlines in every action are important and that being occupied with other

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proceedings is good cause to request extensions of time before a court deadline has lapsed.

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Accordingly, it is HEREBY ORDERED that:

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(1) the Order to Counsel to Show Cause Why Sanctions Should Not be Imposed for

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Their Failure to Comply with the Court's Order, dated February 4, 2015 (Doc. 61),

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is DISCHARGED; and
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(2) no later than April 20, 2015, the parties shall submit statements indicating whether

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they believe, in good faith, settlement is possible and whether they wish the Court

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to set a settlement conference.

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IT IS SO ORDERED.
Dated:

March 17, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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