Krikorian v. Northfield Insurance Company

Filing 33

ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILING TO APPEAR AT SCHEDULING CONFERENCE. Signed by Magistrate Judge Stanley A. Boone on 1/6/2016. (Hernandez, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
AVEDIS KRIKORIAN, an individual,

Case No. 1:13-cv-01563-DAD-SAB

11
Plaintiff,

ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED
FOR FAILING TO APPEAR AT
SCHEDULING CONFERENCE

12
v.
13
14
15

NORTHFIELD INSURANCE COMPANY,
and DOEs 1-50, inclusive,
Defendants.

16
17

On December 1, 2015, the Court ordered that all parties in this matter attend a formal

18 scheduling conference on January 5, 2016, at 3:30 p.m. before United States Magistrate Judge
19 Stanley A. Boone, in Courtroom 9 (SAB) at the United States Courthouse, 2500 Tulare Street,
20 Fresno, CA 93721. (ECF No. 29.) The parties were also ordered to file a Joint Scheduling
21 Report on or before December 29, 2015. (ECF No. 29.) On December 29, 2015, the parties filed
22 a Joint Scheduling Report in preparation of the scheduling conference scheduled for January 5,
23 2016. (ECF No. 31.) The parties had arranged to appear by telephone for the January 5, 2016
24 scheduling conference.
25

On January 5, 2016, at 3:30 p.m., the Court called as host for the telephonic scheduling

26 conference, but Plaintiff did not appear. (ECF No. 32.) G. Edward Rudloff, Jr., and Kathleen
27 DeLaney appeared via telephone on behalf of Defendants. The Court continued the scheduling
28 conference to January 15, 2016, at 9:00 a.m., in Courtroom 9 (SAB) at the United States

1

1 Courthouse, 2500 Tulare Street, Fresno, CA 93721. (ECF No. 32.)
Local Rule 240 requires parties to appear at status conferences:

2
3

(a)
Conference.
After an action has been filed, the
assigned Judge or Magistrate Judge shall order the holding of
one or more status conferences for the purpose of entering a
pretrial scheduling order, and further status conferences may be
held at any time thereafter, with or without the request of any
party. See Fed. R. Civ. P. 16. All parties receiving notice of any
status conference shall appear in person or by attorney, shall be
prepared to discuss such subjects as may be specified in the
order noticing the conference, and shall have authority to enter
into stipulations and to make admissions regarding all matters that
the participants may reasonably anticipate may be discussed.

4
5
6
7
8
9

10 Failing to appear at a scheduling conference wastes the Court’s time and resources and wastes
11 the parties’ time and resources.
Accordingly, the Court will order Plaintiff to show cause why sanctions should not be

12

13 imposed against him. Plaintiff shall file a written response to the Court’s order to show cause no
14 later than Wednesday, January 13, 2016. Plaintiff is forewarned that the failure to file a written
15 response to the Court’s order to show cause may result in additional sanctions.
16

Based upon the foregoing, it is HEREBY ORDERED that:

17

1.

Plaintiff shall SHOW CAUSE why sanctions should not be imposed against him
for failing to appear at the January 5, 2016 scheduling conference; and

18
2.

19

Plaintiff shall file a written response to the Court’s order to show cause no later
than Wednesday, January 13, 2016.

20
21
22

IT IS SO ORDERED.

23 Dated:

January 6, 2016
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28

2