Novak v. Merced Police Department, et al.

Filing 86

ORDER to SHOW CAUSE: Plaintiff did not file a motion for attorney's fees in response to the Court's order. The parties also did not file timely dispositional documents. Accordingly, within seven (7) days of the date of this order, th e parties are ORDERED to show cause, if any, why sanctions should not be imposed for failing to file dispositional documents in compliance with the Court's order. See Local Rule 160(b) (failure to file dispositional papers on the date prescribed the court may be grounds for sanctions). The parties may comply with this order by filing appropriate papers to dismiss or conclude this action in its entirety. Plaintiff is advised that the failure to timely respond to this order to show cause will result in the dismissal of this case without further notice. signed by Magistrate Judge Barbara A. McAuliffe on 2/27/2017. (Herman, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

NANCY JUNE NOVAK,

12
13
14
15
16
17
18

Plaintiff,
v.
MERCED POLICE DEPARTMENT, et al.,
Defendants.

) Case No.: 1:13-cv-01402-BAM
)
) ORDER TO SHOW CAUSE
)
)
)
)
)
)
)
)
)
)

19

On August 23, 2016, the remaining parties to this action participated in a settlement

20

conference, reached a settlement and placed the terms and conditions of the settlement on the record.

21

The parties advised the court that the settlement documents would be exchanged within thirty days and

22

dispositional documents submitted within ninety days. The court also authorized the filing of a motion

23

for attorney’s fees, with said motion to be filed by October 5, 2016. Doc. 79.

24

On December 2, 2016, the Court issued an order to show cause why sanctions should not be

25

imposed for failing to file timely dispositional documents. Doc. 80. Following submission of a joint

26

status report by Plaintiff Nancy June Novak and Defendants City of Merced, Officer Rasmussen, Sgt.

27

Struble and Officer Chavez, the Court discharged the order to show cause. The Court also directed as

28
1

1

follows: (1) Plaintiff’s motion for attorney’s fees, if any, shall be filed on or before February 3, 2017;

2

(2) If no motion for attorney’s fees is filed, the parties shall file dispositional documents to dismiss or

3

conclude this action in its entirety on or before February 10, 2017; (3) If a motion for attorney’s fees is

4

filed, the Court shall set a separate deadline for the filing of dispositional documents following

5

resolution of the motion; and (4) The failure to comply with this order will result in the imposition of

6

sanctions. The Court further advised Plaintiff that the failure to comply with the order would result in

7

dismissal of this action. Doc. 82.

8

Plaintiff did not file a motion for attorney’s fees in response to the Court’s order. The parties

9

also did not file timely dispositional documents. Accordingly, within seven (7) days of the date of

10

this order, the parties are ORDERED to show cause, if any, why sanctions should not be imposed for

11

failing to file dispositional documents in compliance with the Court’s order. See Local Rule 160(b)

12

(failure to file dispositional papers on the date prescribed the court may be grounds for sanctions).

13

The parties may comply with this order by filing appropriate papers to dismiss or conclude this action

14

in its entirety. Plaintiff is advised that the failure to timely respond to this order to show cause

15

will result in the dismissal of this case without further notice.

16
17
18
19

IT IS SO ORDERED.
Dated:

/s/ Barbara

February 27, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
2