Weeks v. Union Pacific Railroad Company

Filing 20

ORDER DISCHARGING Order to Show Cause 18 , signed by Magistrate Judge Jennifer L. Thurston on 9/8/2014. (Kusamura, W)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREVOR WEEKS, Plaintiff, 12 13 14 15 16 Case No.: 1:13-cv-01641 AWI JLT ORDER DISCHARGING ORDER TO SHOW CAUSE vs. (Doc. 18) UNION PACIFIC RAILROAD COMPANY, Defendant. On August 19, 2014, the Court issued Plaintiff’s counsel an order to show cause why 17 sanctions should not be imposed based upon his repeated failure to comply with the Court’s 18 orders and to prosecute this action. (Doc. 18) 19 In response, counsel admits significant breaches of his obligations to this Court, his client 20 and opposing counsel. (Doc. 19) He explains that for many reasons, including ongoing medical 21 issues and staff departing, he has found himself with a caseload that he has not yet made 22 manageable. Id. Many of these problems counsel shared with the Court at the status conference 23 held on June 2, 2014. Despite his agreement on June 2, 2014, that he would be able to comply 24 with the deadlines set at the scheduling conference held on January 23, 2014, counsel now seems 25 to contend that the case must be re-scheduled. The Court makes no comment as to whether such 26 a motion would be granted except to note that for this to occur, counsel must demonstrate 27 diligence in attempting to meet the deadlines imposed. Jackson v. Laureate, Inc., 186 F.R.D. 605, 28 607-608 (E.D. Cal. 1999); see Marcum v. Zimmer, 163 F.R.D. 250, 254 (S.D. W.Va. 1995). The 1 1 Court is concerned that this showing cannot be made. 2 In any event, the Court ORDERS: 3 1. 4 Counsel is strongly encouraged to take all necessary steps to ensure that the current The order to show cause is DISCHARGED; 5 deadlines in place in this case are met. In addition, counsel is advised that any further 6 failures to comply with the Court’s orders will not be addressed with the level of tolerance 7 shown here. 8 9 10 IT IS SO ORDERED. Dated: September 8, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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