Sanchez v. State of California et al

Filing 27

ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed and ORDER RESETTING Settlement Conference. The Settlement Conference currently set for 12/19/2013, is CONTINUED to 12/20/2013, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Jud ge Sheila K. Oberto. Plaintiff shall submit, via email, a confidential settlement conference statement no later than 10 a.m. Monday, December 16, 2013; and Plaintiff shall file a statement SHOWING CAUSE why sanctions should not be imposed fo r Plaintiff's failure to comply with both the Court's April 17, 2013, Scheduling Order and the Court's November 25, 2013, Settlement Conference Order. Minute order signed by Magistrate Judge Sheila K. Oberto on 12/13/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRMA B. SANCHEZ,
Plaintiff,

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v.
STATE OF CALIFORNIA, et al.,
Defendants.

Case No. 1:12-cv-01835-SAB
ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE
IMPOSED
ORDER RESETTING SETTLEMENT
CONFERENCE FOR DECMEBER 20,
2013, AT 10:00 A.M.

_____________________________________/

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On April 17, 2013, a Scheduling Order was issued setting a settlement conference for

18 December 19, 2013, before the undersigned. (Doc. 22.)

The Scheduling Order required the

19 parties to submit confidential settlement conference statements at least five (5) court days prior to
20 the settlement conference and outlined the required content of the confidential statements. The
21 order also directed the parties to inform the Court, as far in advance of the settlement conference
22 as possible, if the parties believed that the case was not in a settlement posture so that the Court
23 could vacate or reset the settlement conference. (Doc. 22, 7:3-7.)
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On November 25, 2013, the Court issued an Order regarding the settlement conference,

25 among other things, reminding the parties to submit their confidential settlement conference
26 statements to the Court's email address at least five (5) business days before the conference. (Doc.
27 25.) The parties were also required to file a Notice of Submission of Confidential Settlement
28 Conference Statement. (Doc. 25, 2:2-5.)

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Defendants submitted a confidential settlement conference statement as required, and filed

2 a Notice of Submission of Confidential Settlement Conference Statement. Plaintiff, however,
3 failed to submit a statement or contact the Court.

In doing so, Plaintiff violated both the

4 Scheduling Order and the Settlement Conference Order.
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As a result of Plaintiff’s failure to submit a statement and/or contact the Court regarding

6 the settlement conference, the date set for the Settlement Conference is continued to Friday,
7 December 20, 2013, to allow adequate time for receipt and review of Plaintiff's tardy confidential
8 settlement conference statement. Plaintiff's disregard of the Court's orders is not only subject to
9 sanctions, it is also professionally discourteous and has caused disruption to both the Defendants’
10 and the Court's calendar.
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Accordingly, IT IS HEREBY ORDERED that:

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to December 20, 2013, at 10:00 a.m.;
2.

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The Settlement Conference currently set for December 19, 2013, is CONTINUED

Plaintiff shall submit, via email, a confidential settlement conference statement no
later than 10 a.m. Monday, December 16, 2013; and

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Plaintiff shall file a statement SHOWING CAUSE why sanctions should not be

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imposed for Plaintiff's failure to comply with both the Court's April 17, 2013,

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Scheduling Order and the Court's November 25, 2013, Settlement Conference

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Order.

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IT IS SO ORDERED.
Dated:

December 13, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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