Lobato v. Gomez, et al.

Filing 26

ORDER DISCHARGING ORDER TO SHOW CAUSE AND ADMONISHING DEFENDANTS COUNSEL TO FAMILIARIZE HERSELF WITH LOCAL AND FEDERAL RULES. Signed by Magistrate Judge Stanley A. Boone on 1/19/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RACHEL LOBATO,
Plaintiff,

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Case No. 1:15-cv-00686-EPG
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND ADMONISHING
DEFENDANTS’ COUNSEL TO
FAMILIARIZE HERSELF WITH LOCAL
AND FEDERAL RULES

v.
EVERARDO O. GOMEZ, et al.,
Defendants.

(ECF Nos. 24, 25)

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On January 8, 2016, this Court issued an order for Defendants to show cause for the

19 failure to comply with the scheduling order. (ECF No. 24.) On January 15, 2016, Defendants
20 filed an unsigned response to the order to show cause. (ECF No. 25.)
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Pursuant to Rule 11 of the Federal Rules of Civil Procedure and Local Rule 131(b), all

22 pleadings and non-evidentiary documents are required to be signed by the attorney representing
23 the party. While Defendants assert that counsel is unfamiliar with the Rules in federal court, it is
24 counsel’s responsibility to familiarize herself with the rules that apply to this action. In this
25 instance, the Court will consider the unsigned response filed January 15, 2016 and discharge the
26 order to show cause. However, counsel is admonished that further violation of the rules may
27 result in the imposition of sanctions.
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Although Defendant is correct that the settlement conference is voluntary, complying

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1 with the orders of the Court is not. The parties were ordered to file confidential settlement
2 statements one week prior to the settlement conference. If Defendants wished to vacate the
3 settlement conference they should have timely filed a stipulation or motion requesting the
4 conference be vacated to be relieved of the obligation to comply with the order.
Based on the foregoing, IT IS HEREBY ORDERED that the order to show cause filed

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6 January 8, 2016 is DISCHARGED. If the parties’ counsel believes a settlement conference may
7 be fruitful after they have engaged in good faith efforts to settle this action, they may contact
8 chambers at [phone] to schedule a settlement conference.
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IT IS SO ORDERED.

11 Dated:

January 19, 2016
UNITED STATES MAGISTRATE JUDGE

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