Perez-Falcon v. Synagro West LLC

Filing 53

ORDER to the Parties to SHOW CAUSE Why Sanctions Should Not Be Imposed for Their Failure to Comply with the Court's Orders, signed by Magistrate Judge Jennifer L. Thurston on 4/2/2014. Show Cause Response due by 4/11/2014. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MIMI PEREZ-FALCON,
Plaintiff,

12
v.

13
14
15

SYNAGRO WEST, LLC; and DOES 1
through 10, inclusive,
Defendant.

16

)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:11-cv-01645 - AWI - JLT
ORDER TO THE PARTIES TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR THEIR FAILURE TO COMPLY WITH THE
COURT’S ORDERS

17
18

On March 18, 2014, the Court conducted a settlement conference at which the parties agreed

19

upon settlement terms. (Doc. 52) The only impediment was that Defendants’ counsel, Ms. Pak, did not

20

have authority to agree to the amount of the settlement that would be attributed to wages. Id. As a

21

result, the Court ordered Defendant’s counsel to contact Plaintiff’s counsel to meet and confer as to this

22

issue and to come to agreement. Id. The Court ordered that Plaintiff would file a notice of settlement

23

no later than March 28, 2014. Id. However, of course, that day has come and gone without any such

24

filing.

25

Because the Court cannot determine where this process has broken down, the Court ORDERS:

26

1.

No later than April 11, 2014, the parties SHALL show cause in writing why monetary

27

sanctions or other sanctions—up to and including dismissal of the action or an order striking the answer

28

and entering default—should not be issued for their failure to comply with the Court’s orders;
1

1

2.

In the alternative, a notice of settlement may be filed no later than April 11, 2014.

2
3
4
5

IT IS SO ORDERED.
Dated:

April 2, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2