Berna v. Powell et al

Filing 38

ORDER TO SHOW CAUSE to plaintiff ordering him to file a written response explaining his failure to appear at the motion to compel hearing set for 10/21/2016. Plaintiff's response is due by 10/31/2016. The Court will issue an order on the motion to compel thereafter. Order signed by Magistrate Judge Erica P. Grosjean on 10/21/2016. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRUCE BERNA,

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Case No. 1:15-cv-00283-AWI-EPG
Plaintiff,

v.

ORDER TO SHOW CAUSE FOR
FAILURE TO APPEAR AND FAILURE TO
PROSECUTE

LUKE POWELL, et al.,
Defendants.
On August 24, 2015, Plaintiff Bruce Berna filed a First Amended Complaint (“FAC”) in

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this action. (ECF No. 6.) The Court initially attempted to schedule the case on May 25, 2016,
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but Plaintiff failed to appear for the scheduling conference. The Court set an order to show cause
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hearing and ordered Plaintiff to file a written response to the order to show cause. Plaintiff did not
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file any written response, but appeared at the order to show cause hearing. The Court discharged
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the order to show cause and issued a scheduling order for the case. The Court also advised
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Plaintiff that it would not tolerate further failures to appear or failures to obey court orders and
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warned that sanctions would issue for any future violations. (ECF No. 28.)
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On August 25, 2016, the Court conducted an informal discovery dispute conference
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between the parties based on Plaintiff’s refusal to respond to any of Defendants’ discovery

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requests. Plaintiff was instructed to respond to the outstanding discovery requests. On September
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12, 2016, Defendants filed a motion to compel, stating that Plaintiff had still not responded to
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their discovery requests. The motion was properly served on Plaintiff.

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The Court held a hearing on the motion to compel on October 21, 2016 at 10:00 a.m.

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Catherine Woodbridge appeared telephonically for Defendants. Plaintiff failed to appear for the

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hearing. Plaintiff did not file any opposition to the motion to compel, nor did he file any request

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for a continuance or otherwise notify the Court that he would not be able to appear.

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Accordingly, the Court orders that Plaintiff show cause why sanctions, up to and including

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dismissal of his case, should not be issued for failure to appear and for failure to prosecute this

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case.

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No later than October 31, 2016, Plaintiff is ORDERED file a written response to this

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Order to Show Cause explaining his failure to appear at the motion to compel hearing on October

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21, 2016. The Court will issue an order on the motion to compel thereafter. Failure to respond

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to this Order as set forth above may result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:

October 21, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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