Sullivan v. Biter et.al.
Filing
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ORDER to SHOW CAUSE, signed by Magistrate Judge Erica P. Grosjean on 05/1/2017. Show Cause Hearing set for 5/15/2017 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL J. SULLIVAN,
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Plaintiff,
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Case No. 1:12-cv-01662-AWI-EPG
ORDER TO SHOW CAUSE FOR
FAILURE TO APPEAR
v.
CHEN, et al.,
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Defendants.
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On June 28, 2012, Plaintiff Michael J. Sullivan filed a complaint in this action. (ECF No.
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9.) After screening his second amended complaint, the Court ordered the second amended
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complaint to be served on Defendants Chen, Patel, and Marchiano. (ECF No. 57.) On January 3,
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2017, the Court ordered the parties to serve initial disclosures on each other and set an initial
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scheduling conference for May 1, 2017. (ECF No. 78.)
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The Court held the initial scheduling conference in this case on May 1, 2017 at 2:00 p.m.
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Catherine Woodbridge appeared telephonically for Defendants. Plaintiff failed to appear for the
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hearing and did not file any request for a continuance or otherwise notify the Court that he would
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not be able to appear.
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The Court also notes that Plaintiff did not file a scheduling conference statement, has
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failed to serve any initial disclosures on Defendants, and has not responded to any of Defendants’
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discovery requests.
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Accordingly, the Court orders that Plaintiff show cause why sanctions, up to and including
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dismissal of his case, should not be issued for failure to comply with this Court’s orders and for
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failure to prosecute this case.
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The Court sets an Order to Show Cause hearing for May 15, 2017 at 9:30 a.m. in
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Courtroom 10. Plaintiff is ORDERED to appear and explain his failure to appear at the initial
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scheduling conference on May 1, 2017. Should Plaintiff provide an appropriate and satisfactory
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explanation, the Order to Show Cause hearing will be converted to a scheduling conference and
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the case will be scheduled.
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Plaintiff is cautioned that failure to respond to this Order as set forth above may
result in the dismissal of this action.
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IT IS SO ORDERED.
Dated:
May 1, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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