Dillman, et al. v. Tuolumne County, et al.

Filing 87

ORDER DISCHARGING the Order to Show Cause, document 84 , as defendants have submitted a response, document 85 . Order signed by Magistrate Judge Stanley A. Boone on 12/31/2014. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DILLMAN, et al.,
Plaintiffs,

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Case No. 1:13-cv-00404-LJO-SKO
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
ECF NO. 84

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TUOLUMNE COUNTY, et al.,
Defendants.

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On December 3, 2014, the Court ordered Defendants to show cause why sanctions should

18 not be imposed for their failure to personally appear at a settlement conference scheduled on
19 December 2, 2014. (ECF No. 84.) Defendants submitted a response to the order on December
20 12, 2014. (ECF No. 85.)
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As noted in the order to show cause, the order setting the settlement conference clearly

22 stated that the parties must attend the settlement conference with their attorneys. Moreover,
23 contrary to Defendants’ assertion that they were unaware that they could have requested that the
24 settlement conference be vacated, the order clearly stated that:
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As far in advance of the settlement conference as possible, a party
shall inform the Court and other parties that it believes the case is
not in a settlement posture so the Court may vacate or reset the
settlement conference.

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28 (Scheduling Order, at pg. 8:5-9, ECF No. 30.) Nonetheless, the Court will discharge the order to

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1 show cause without imposing sanctions.

The Court notes that Plaintiffs did not file a

2 memorandum setting forth their costs and attorneys’ fees, as ordered in the Court’s order to show
3 cause.
Based upon the representations therein, it is HEREBY ORDERED that the December 3,

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5 2014 order to show cause is DISCHARGED.
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IT IS SO ORDERED.

9 Dated:

December 31, 2014
UNITED STATES MAGISTRATE JUDGE

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