Disney v. Kenworth

Filing 25

ORDER DISCHARGING ORDER TO SHOW CAUSE, VACATING hearing set for 8/3/2012, signed by Magistrate Judge Gary S. Austin on 7/31/2012. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THERESA DISNEY,
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Plaintiff,
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v.
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KENWORTH and DOES 1 through 50,
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inclusive,
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Defendants.
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_____________________________________ )

1:12-cv-00484 AWI GSA
ORDER DISCHARGING ORDER TO
SHOW CAUSE

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Following removal from state court in March 2012, this matter was set for an Initial

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Scheduling Conference. (See Doc. 5.) Before the scheduling conference occurred however, the

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only named Defendant was dismissed from the action. (Doc. 19.)

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On July 13, 2012, this Court issued an Order to Show Cause (“OSC”) for Plaintiff’s

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failure to follow a court order when Plaintiff failed to file a scheduling report no later than July

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11, 2012. (Doc. 20.)

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On July 18, 2012, Plaintiff filed a motion to amend the complaint. That matter is set to
be heard August 10, 2012. (Doc. 21.)

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On July 30, 2012, Plaintiff filed a request to continue the OSC hearing, or alternatively,
for permission to appear at the OSC hearing by telephone. (Doc. 23.)

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In the request, Plaintiff’s counsel explains that because Defendant Kenworth had been

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dismissed from this matter, his paralegal “assumed the scheduling conference was off calendar.”

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Therefore, counsel’s failure to file the scheduling report was the result of a mistake.

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Based on the foregoing, good cause for Plaintiff’s failure to file a joint scheduling report

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as previously ordered has been shown. Accordingly, the Order to Show Cause is hereby

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DISCHARGED. The hearing set for August 3, 2012, is VACATED.

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IT IS SO ORDERED.

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Dated:
6i0kij

July 31, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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