Willis v. Enterprise Drilling Fluids, Inc. et al

Filing 88

***WITHDRAWN per Order 89 *** ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for the Parties' Failure to Comply with the Local Rules; ORDER CONTINUING the Pretrial Conference to November 30, 2017, signed by Magistrate Judge Jennifer L. Thurston on 11/1/2017. Show Cause Response due by 11/22/2017. Pretrial Conference set for 11/3/2017 is CONTINUED to 11/30/2017 at 01:30 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

KENNETH WILLIS,
Plaintiff,

12
13

v.

14

ENTERPRISE DRILLING FLUIDS, et al.,

15

Defendants.

16
17

)
)
)
)
)
)
)
)
)
)

Case No.: 1:15-cv-0688 - JLT
ORDER TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR THE
PARTIES’ FAILURE TO COMPLY WITH THE
LOCAL RULES
ORDER CONTINUING THE PRE-TRIAL
CONFERENCE TO NOVEMBER 30, 2017

Previously, the Court held a further scheduling conference with the parties, and set a pretrial

18

conference for November 3, 2017. (Doc. 83 at 1) Pursuant to Local Rule 281, the parties were to file a

19

pretrial statement at least seven days before the date of the conference. See Local Rule 281(a). To

20

date, no pretrial statements have been filed.

21

The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a

22

party to comply with the[] Rules or with any order of the Court may be grounds for the imposition by

23

the Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110.

24

“District courts have inherent power to control their dockets,” and in exercising that power, a court

25

may impose sanctions including dismissal of an action. Thompson v. Housing Authority of Los

26

Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may impose sanctions, including dismissal, for

27

failure to prosecute an action or failure to obey a court order, or failure to comply with local rules.

28

See, e.g. Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (imposing sanctions for failure to
1

1

prosecute and to comply with local rules); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)

2

(sanctions for failure to comply with an order).

3

Accordingly, the Court ORDERS:

4

1.

The parties SHALL show cause in writing no later than November 22, 2017 why

5

sanctions should not be imposed for their failure to comply with the Local Rules or, in

6

the alternative, file a joint pretrial statement pursuant to Local Rule 281(a)(2) no later

7

than November 22, 2017; and

8

2.

The pre-trial conference is CONTINUED to November 30, 2017 at 1:30 p.m.

9
10
11
12

IT IS SO ORDERED.
Dated:

November 1, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2