Ajose v. State Farm Fire and Casualty Company

Filing 33

ORDER to SHOW CAUSE: counsel for Plaintiff Baba Ajose is ORDERED TO SHOW CAUSE why this Court should not impose sanctions for his failure to appear at the telephonic status conference. Counsel shall respond to this Order to Show Cause, in writing, no later than Tuesday, May 19, 2015. Failure to respond to this Order to Show Cause may result in the imposition of sanctions. This Order to Show Cause shall remain in effect even if this case is dismissed. signed by Magistrate Judge Barbara A. McAuliffe on 5/14/2015. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BABA AJOSE,

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No. 1:14-cv-809-BAM
Plaintiff,

ORDER TO SHOW CAUSE

v.
STATE FARM FIRE and CASUALTY
COMPANY,
Defendants.

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On May 7, 2015, this Court issued an order requiring the parties attend a status conference

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on May 14, 2015 at 9:00 a.m. (Doc. 30). On May 14, 2015, counsel for Defendant State Farm

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Fire and Casualty Company appeared telephonically for the status conference. However, counsel

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for Plaintiff Baba Ajose failed to appear. As a result, the status conference could not fully

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proceed.

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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of

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a party to comply with . . . any order of the Court may be grounds for the imposition by the Court

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of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District

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courts have inherent power to control their dockets,” and in exercising that power, a court may

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impose sanctions including dismissal of an action. Thompson v. Housing Authority of Los

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Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice, based

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on a party’s failure to prosecute an action or failure to obey a court order, or failure to comply

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with local rules. See, e.g. Ferdik v.Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal

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for failure to comply with an order requiring amendment of complaint); Malone v. U.S. Postal
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Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court order);

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Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and

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to comply with local rules).

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Accordingly, counsel for Plaintiff Baba Ajose is ORDERED TO SHOW CAUSE why

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this Court should not impose sanctions for his failure to appear at the telephonic status

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conference.

Counsel shall respond to this Order to Show Cause, in writing, no later than

Tuesday, May 19, 2015. Failure to respond to this Order to Show Cause may result in the

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imposition of sanctions. This Order to Show Cause shall remain in effect even if this case is
dismissed.
IT IS SO ORDERED.
Dated:

/s/ Barbara

May 14, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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