Toscano et al v. City Of Fresno et al

Filing 90

ORDER DISCHARGING ORDER TO SHOW CAUSE AND CONTINUING HEARING ON PETITIONS FOR MINORS COMPROMISE. The MOTION HEARING is RESET to 2/15/2017 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 1/13/2017. (Hernandez, M)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

ANGEL KEITH TOSCANO, JR., et al.,

10

Plaintiffs,

11

Case No. 1:13-cv-01987-SAB
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND CONTINUING
HEARING ON PETITIONS FOR MINORS’
COMPROMISE

v.

12

CITY OF FRESNO, et al.,

13

Defendants.

(ECF Nos. 84, 85)
14
15

I.

16

RELEVANT BACKGROUND

17

On December 1, 2016, an order issued lifting the stay in this action and directing the

18 parties to file dispositive documents on or before January 27, 2017. On December 8, 2016,
19 Plaintiff Steven Wade Toscano filed a petition for minor’s compromise. Upon review of the
20 petition it was found to be insufficient and the minor plaintiffs were directed to file a petition for
21 minor’s compromise within fourteen days of December 14, 2016. On December 28, 2016,
22 Plaintiff Steven Wade Toscano filed a petition for minor’s compromise setting the hearing on the
23 motion for the motion on August 18, 2017.
24

When the remaining minors did not file a timely petition and an order issued on January

25 5, 2017 requiring them to show cause why sanctions should not issue for the failure to comply
26 with the December 14, 2016 order. On January 13, 2017, a response to the January 5, 2017 order
27 to show cause was filed and minors Anthony Keith Toscano, Angel Infinity Toscano, and Julian
28 Matthew Toscano filed petitions to approve compromise setting the hearing on the petitions for
1

1 February 1, 2017.
2

II.

3

DISCUSSION

4

Plaintiffs’ counsel submits a declaration stating that he had calendared the final filing

5 date to file the dispositive documents in this action for January 30, 2017, and did not realize that
6 the December 14, 2016 order changed this date. However, the December 1, 2106 order required
7 the dispositive documents to be filed within sixty days. Dispositive is to bring about the final
8 determination of the case, which is the dismissal of the case pursuant to the settlement. See
9 DISPOSITIVE, Black's Law Dictionary (10th ed. 2014). In the Court’s mind the petition for
10 minor’s compromise is not the dispositive document. It is the preliminary step to have the
11 dispositive document filed. The dispositive document is that document which disposes of the
12 action, actually closing the action. For this reason, the Court ordered that the petitions for
13 minors’ compromise be filed so that a decision could be rendered on them in order for the
14 dispositive documents to be filed by the deadline established in the December 1, 2016 order.
15 The court will discharge the order to show cause, but cautions counsel to use more care in the
16 future in complying with court orders.
17

Further, pursuant to Local Rule 202(b)(2), all petitions for compromise shall be filed and

18 calendared pursuant to Local Rule 230. Local Rule 230 provides that a motion must be noticed
19 and heard no less than twenty-eight days after service and filing of the motion. L.R. 230(b).
20 Neither the December 28, 2016, nor the January 13, 2017, petitions noticed the hearings in
21 compliance with the timing requirement in Rule 230. Accordingly, the hearings on the petitions
22 for minors’ compromise shall be continued to February 15, 2017, and the deadline for the parties
23 to file dispositive documents shall be extended to allow time to address the petitions.
24

III.

25

CONCLUSION AND ORDER

26

Based on the foregoing, IT IS HEREBY ORDERED that:

27

1.

The order to show cause issued January 5, 2017 is discharged;

28

2.

The hearing on Plaintiff Steven Wade Toscano’s petition for minor’s compromise
2

shall be continued to February 15, 2017 at 10:00 a.m. in Courtroom 9;

1
3.

2

The hearing on Plaintiffs’ Anthony Keith Toscano, Angel Infinity Toscano, and

3

Julian Matthew Toscano petitions to approve minor’s compromise shall be

4

continued from February 1, 2017, to February 15, 2017, at 10:00 a.m. in

5

Courtroom 9; and
4.

6

The parties shall file dispositive documents in this action within thirty days from
the date of entry of an order approving the minors’ compromise.

7
8
9

IT IS SO ORDERED.

10 Dated:

January 13, 2017
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3