Crain v. City of Atwater et al

Filing 35

ORDER to Plaintiff to SHOW CAUSE Why Sanctions should not Issue signed by District Judge Dale A. Drozd on 1/10/2017. Show Cause Response due by 1/17/2017; Show Cause Hearing set for 1/19/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY CRAIN, 12 13 14 15 16 17 18 No. 1:15-cv-00591-DAD-BAM Plaintiff, v. ORDER TO PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE CITY OF ATWATER, ATWATER POLICE DEPARTMENT, FRANK PIETRO, DAVID WALKER, and JOSE TORRES, Defendants. On December 13, 2016, defendants filed a notice of motion and motion for summary 19 judgment in this action, noticing the motion for hearing on January 17, 2017. (Doc. No. 33.) The 20 opposing party to such a motion must file either an opposition or a statement of non-opposition to 21 the motion no less than fourteen (14) days prior to the noticed hearing date. See Local Rule 22 230(c). Plaintiff has filed neither. 23 Therefore, plaintiff’s counsel is ordered to show cause in writing by January 17, 2017, as 24 to why sanctions should not be imposed due to his failure to file either an opposition or a 25 statement of non-opposition to the pending motion for summary judgment. See Chambers v. 26 NASCO, Inc., 501 U.S. 32, 42–46 (1991) (holding it is within the inherent authority of the courts 27 to control their docket and require compliance with their orders). A hearing on this order to show 28 cause regarding sanctions will be held on January 19, 2017 at 9:30 a.m. in Courtroom Five, 1 1 Robert E. Coyle Federal Building, 2500 Tulare St., Fresno, California before the 2 undersigned. Counsel for the defendants, in particular, are encouraged to appear telephonically at 3 the hearing on the order to show cause. 4 At this time, the hearing on defendants’ pending motion for summary judgment set for 5 January 17, 2017 is vacated. Following the January 19, 2017 hearing on the order to show cause, 6 the court will reset the hearing on defendants’ motion for summary judgment if appropriate. See 7 Local Rule 230(g). 8 IT IS SO ORDERED. 9 Dated: January 10, 2017 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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