Landmark Equity Fund, II, LLC v. Arias

Filing 49

ORDER to the PARTIES to SHOW CAUSE Why Sanctions Should Not Be Imposed for Their Failure to File a Mid-Discovery Status Report; ORDER VACATING Mid-Discovery Status Conference, signed by Magistrate Judge Jennifer L. Thurston on 12/9/2015. Show Cause Response due by 12/21/2015. Mid-Discovery Status Conference set for 12/14/2015 at 09:00 AM is VACATED. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

LANDMARK EQUITY FUND II, LLC,

12
13
14

Plaintiff,
v.
JULIO ARIAS, et al.,

15

Defendants.

)
)
)
)
)
)
)
)
)

Case No.: 1:15-cv-00202 - JLT
ORDER TO THE PARTIES TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR THEIR FAILURE TO FILE A MIDDISCOVERY STATUS REPORT
ORDER VACATING THE MID-DISCOVERY
STATUS CONFERENCE

16
17
18
19
20
21
22

On August 12, 2015, the Court issued its scheduling order that included a date for the middiscovery status conference. (Doc. 37 at 3) The order reads in pertinent part,
A mid-discovery status conference is scheduled on December 14, 2015 at 8:30 a.m.
before the Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th
Street, Bakersfield, California, 93301. A Joint Mid-Discovery Status Conference
Report, carefully prepared and executed by all counsel, shall be electronically filed
in CM/ECF, one full week prior to the Conference, and shall be e-mailed, in Word
format, to [e-mail]. The joint statement SHALL outline the
discovery that has been completed and that which needs to be completed as well as any
impediments to completing the discovery within the deadlines set forth in this order.

23
24

Further emphasis added. Despite this, counsel failed to file the joint report. Therefore, the Court

25

ORDERS,

26

1.

No later than December 21, 2015, the parties SHALL show cause in writing why

27

sanctions should not be imposed for their failure to comply with the Court’s orders. Alternatively,

28

they may file their mid-discovery status conference statement (and lodge it via e-mail to
1

1
2
3

[e-mail]) no later than November 25, 2015;
2.

The mid-discovery status conference, currently set on December 14, 2015, is

VACATED. The Court will re-set the hearing if the joint report demonstrates that one is needed.

4
5
6
7

IT IS SO ORDERED.
Dated:

December 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2