All Valley Real Estate, Inc. v. Vela et al

Filing 6

ORDER to SHOW CAUSE, signed by Magistrate Judge Michael J. Seng on 1/29/2015. Show Cause Hearing set for 2/13/2015 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-01979 --- MJS
ALL VALLEY REAL ESTATE, INC.,

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v.

ORDER
TO
SHOW
CAUSE
WHY
SANCTIONS SHOULD NOT BE ISSUED
Plaintiff,
FOR
DEFENDANTS'
FAILURE
TO
COMPLY WITH COURT ORDERS

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FRANCISCO VELA, JENNIFER
VELA,

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DATE: February 13, 2015
TIME: 9:30 a.m.
COURTROOM: 6, Fresno

Defendants.

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On December 11, 2014, Defendants, Francisco and Jennifer Vela, acting in pro
se, removed the present action from the Madera County Superior Court to the United
States District Court for the Eastern District of California. (Notice of Removal, ECF No.
1.) On January 12, 2015, Plaintiff, All Valley Real Estate, Inc., filed a motion for remand.
(Mot., ECF No. 3.) The Court issued a minute order on January 15, 2015, advancing the
status conference from March 19, 2015 to January 28, 2015. (ECF No. 4.) The minute
order was served by mail on Defendants.
On January 28, 2015, counsel for Plaintiff appeared telephonically at the
mandatory scheduling conference before Magistrate Judge Michael J. Seng. Defendants
failed to appear.

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By failing to appear at the Mandatory Scheduling Conference, Defendants have

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failed to comply with an order of this Court. As stated in the order scheduling the

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conference:

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IF COUNSEL OR A PARTY APPEARING PRO SE FAILS TO APPEAR
AT THE MANDATORY SCHEDULING CONFERENCE OR FAILS TO
COMPLY WITH THE DIRECTIONS IN THIS ORDER, AN EX PARTE
HEARING MAY BE HELD AND JUDGMENT OF DISMISSAL, DEFAULT,
OR OTHER APPROPRIATE JUDGMENT MAY BE ENTERED, AND/OR
SANCTIONS, INCLUDING CONTEMPT OF COURT, MAY BE IMPOSED
AND/OR ORDERED.

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Since the matter has been removed to federal court, Defendants have abandoned efforts

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to meaningfully participate in this litigation. Defendants' failure to take required action in

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the matter wastes judicial resources and Plaintiff’s time.

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Accordingly, Defendants, Francisco and Jennifer Vela, are ORDERED to appear,

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in person, before the Court on February 13, 2015 at 9:30 a.m. to show cause why

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terminating and/or monetary sanctions should not be issued for failure to prosecute and

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failure to comply with the orders of this Court.

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IT IS SO ORDERED.
Dated:

January 29, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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