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***WITHDRAWN per Order 89 *** ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for the Parties' Failure to Comply with the Local Rules; ORDER CONTINUING the Pretrial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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KENNETH WILLIS,
Plaintiff,
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v.
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ENTERPRISE DRILLING FLUIDS, et al.,
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Defendants.
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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
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conference for November 3, 2017. (Doc. 83 at 1) Pursuant to Local Rule 281, the parties were to file a
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pretrial statement at least seven days before the date of the conference. See Local Rule 281(a). To
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date, no pretrial statements have been filed.
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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a
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party to comply with the[] Rules or with any order of the Court may be grounds for the imposition by
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the Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110.
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“District courts have inherent power to control their dockets,” and in exercising that power, a court
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may impose sanctions including dismissal of an action. Thompson v. Housing Authority of Los
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Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may impose sanctions, including dismissal, for
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failure to prosecute an action or failure to obey a court order, or failure to comply with local rules.
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See, e.g. Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (imposing sanctions for failure to
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prosecute and to comply with local rules); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)
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(sanctions for failure to comply with an order).
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Accordingly, the Court ORDERS:
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1.
The parties SHALL show cause in writing no later than November 22, 2017 why
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sanctions should not be imposed for their failure to comply with the Local Rules or, in
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the alternative, file a joint pretrial statement pursuant to Local Rule 281(a)(2) no later
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than November 22, 2017; and
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2.
The pre-trial conference is CONTINUED to November 30, 2017 at 1:30 p.m.
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IT IS SO ORDERED.
Dated:
November 1, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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