Novak v. Merced Police Department, et al.

Filing 67

ORDER to SHOW CAUSE Why Action Should Not be Dismissed, or Other Evidentiary Sanctions Should Not Be Imposed, for Failure to Comply with Court order and Local Rules and for Failure to Prosecute. Show Cause Hearing: set for 8/1/2016 at 08: 30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. IT IS HEREBY ORDERED that Plaintiff show cause by WRITTEN response on or before July 29, 2016, at 10:00 a.m., why this action should not be dismissed, with prejudice, for failure to obey the Courts order and Local Rules and for failure to prosecute this action. signed by Magistrate Judge Barbara A. McAuliffe on 7/26/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NANCY JUNE NOVAK,

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Plaintiff,
v.
DILL, et al.,
Defendants.

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Case No.: 1:13-cv-01402-BAM
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED, OR OTHER
EVIDENTIARY SANCTIONS SHOULD NOT BE
IMPOSED, FOR FAILURE TO COMPLY WITH
COURT ORDER AND LOCAL RULES AND
FOR FAILURE TO PROSECUTE

Show Cause Hearing: August 1, 2016, at 8:30 a.m.
in Courtroom 8 (BAM)

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Plaintiff Nany June Novak (“Plaintiff”) initiated this civil rights action on August 30, 2013.
On May 8, 2014, the Court issued an initial scheduling conference order, which set discovery, pretrial
and trial dates. The order also directed the parties to file a joint pretrial statement in compliance with
the Court’s Local Rule 281. Doc. 36. Local Rule 218 requires a joint statement to be filed not less
than seven (7) days before the date set by the Court for the pretrial conference. Local Rule 281(a)(2).
Following several modifications of the scheduling order, this matter is now set for a pretrial
conference on August 1, 2016. Doc. 51. The parties’ joint statement was therefore due on July 25,
2016, seven (7) days before the pretrial conference. Local Rule 281(a)(2).

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On July 25, 2016, Defendants City of Merced, Merced Police Officer Rasmussen, Sgt. Strubel

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and Officer Chavez filed a pretrial statement. In their statement, Defendants indicated that they

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provided Plaintiff’s counsel with a draft copy of their pretrial statement on July 18, 2016. On July 20,

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2016, Plaintiff’s counsel communicated to Defendants that he had been ill and hoped to provide a joint

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statement by Friday, July 22, 2016. Having received no further response or communication from

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Plaintiff’s counsel, Defendants submitted a separate pretrial statement. Doc. 65.

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To date, Plaintiff has not filed a pretrial statement or otherwise communicated with this Court

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regarding her statement. Given Plaintiff’s failure to submit her portion of the joint pretrial statement,

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to file her own separate statement, or to request an appropriate extension of time, IT IS HEREBY

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ORDERED that Plaintiff show cause by WRITTEN response on or before July 29, 2016, at 10:00

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a.m., why this action should not be dismissed, with prejudice, for failure to obey the Court’s order and

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Local Rules and for failure to prosecute this action. The Court further sets a hearing on the Order to

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Show Cause for August 1, 2016, at 8:30 a.m. in Courtroom 8 (BAM). Whether the hearing and

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pretrial conference on August 1, 2016, and/or the trial set for September 13, 2016, will go forward as

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scheduled will depend on Plaintiff’s response, if any. If the response does not show GOOD CAUSE,

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the matter will be dismissed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 26, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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