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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY CRAIN,

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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

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judgment in this action, noticing the motion for hearing on January 17, 2017. (Doc. No. 33.) The

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opposing party to such a motion must file either an opposition or a statement of non-opposition to

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the motion no less than fourteen (14) days prior to the noticed hearing date. See Local Rule

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230(c). Plaintiff has filed neither.

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Therefore, plaintiff’s counsel is ordered to show cause in writing by January 17, 2017, as

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to why sanctions should not be imposed due to his failure to file either an opposition or a

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statement of non-opposition to the pending motion for summary judgment. See Chambers v.

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NASCO, Inc., 501 U.S. 32, 42–46 (1991) (holding it is within the inherent authority of the courts

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to control their docket and require compliance with their orders). A hearing on this order to show

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cause regarding sanctions will be held on January 19, 2017 at 9:30 a.m. in Courtroom Five,
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Robert E. Coyle Federal Building, 2500 Tulare St., Fresno, California before the

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undersigned. Counsel for the defendants, in particular, are encouraged to appear telephonically at

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the hearing on the order to show cause.

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At this time, the hearing on defendants’ pending motion for summary judgment set for

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January 17, 2017 is vacated. Following the January 19, 2017 hearing on the order to show cause,

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the court will reset the hearing on defendants’ motion for summary judgment if appropriate. See

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Local Rule 230(g).

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IT IS SO ORDERED.

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Dated:

January 10, 2017
UNITED STATES DISTRICT JUDGE

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