Turpitt v. Riverbank Housing Authority et al

Filing 10

ORDER CONTINUING SCHEDULING CONFERENCE and ORDER that PLAINTIFF SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED. The Scheduling Conference currently set for 10/23/2014, is CONTINUED to 11/5/2014, at 10:00 AM in Courtroom 7 (SKO) before Mag istrate Judge Sheila K. Oberto. By no later than 10/23/2014, Plaintiff shall file a statement showing cause why sanctions should not be imposed for failing to comply with the Court's 7/23/2014, minute order, and for failing to participate in the preparation of a joint scheduling report as set forth in the Court's 4/24/2014, order setting a mandatory scheduling conference. Order signed by Magistrate Judge Sheila K. Oberto on 10/14/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHARON TURPITT,
Plaintiff,

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Case No. 1:14-cv-00602--- SKO
ORDER CONTINUING SCHEDULING
CONFERENCE TO NOVEMBER 5, 2014

v.

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ORDER THAT PLAINTIFF SHOW
CAUSE WHY SANCTIONS SHOULD
NOT BE IMPOSED

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RIVERBANK HOUSING AUTHORITY,

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et al.,

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Defendants.
_____________________________________/

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Plaintiff filed this case in April 2014 against the Riverbank Housing Authority, the U.S.

18 Postal Service, and Daryl A. Trujillo (collectively "Defendants"), and a case management
19 conference ("CMC") was set for June 25, 2014. (Doc. 5.) Because no proof of service was filed
20 and no Defendant had yet answered the complaint, the Court continued the CMC twice. After
21 continuing the CMC a second time, consolidating it with the scheduling conference, and resetting
22 both conferences to October 23, 2014, the Court ordered Plaintiff to file proofs of service on or
23 before September 5, 2014 – which Plaintiff failed to do.

On August 21, 2014, Defendant

24 Riverbank Housing Authority filed an answer and a cross complaint against Defendants Trujillo
25 and the U.S. Postal Service. (Doc. 8.)
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On October 13, 2014, Riverbank Housing Authority filed a scheduling report indicating it

27 had attempted to contact Plaintiff's counsel to meet and confer as required, but had received no
28 response. Although the parties were ordered to file a "joint" scheduling report one week before

1 the October 23, 2014, scheduling conference (Doc. 4, p. 2), due to Plaintiff's failure to meet and
2 confer Riverbank Housing Authority was forced to file its report unilaterally.
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Because Plaintiff did not file any proofs of service, the Court has no information whether

4 Defendants U.S. Postal Service and Daryl Trujillo have been served.

Further, as Plaintiff's

5 counsel failed to meet and confer with Riverbank Housing Authority in advance of the scheduling
6 conference, Plaintiff also failed to assist in the preparation of a joint scheduling report.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The scheduling conference currently set for October 23, 2014, is CONTINUED to
November 5, 2014, at 10:00 a.m. in Courtroom 7;

2.

By no later than October 23, 2014, Plaintiff shall file a statement showing cause

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why sanctions should not be imposed for failing to comply with the Court's July 23,

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2014, minute order, and for failing to participate in the preparation of a joint

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scheduling report as set forth in the Court's April 24, 2014, order setting a

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mandatory scheduling conference.

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IT IS SO ORDERED.
Dated:

October 14, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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