Hopson v. Montanez et al

Filing 31

ORDER DISCHARGING ORDER TO SHOW CAUSE. ORDER REQUIRING PARTIES TO FILE DISPOSITIONAL DOCUMENTS OR WITHDRAWAL OF NOTICE OF SETTLEMENT BY DECEMBER 31, 2016. Signed by Magistrate Judge Stanley A. Boone on 12/12/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,
Plaintiff,

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Case No. 1:15-cv-00803-SAB
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
ORDER REQUIRING PARTIES TO FILE
DISPOSITIONAL DOCUMENTS OR
WITHDRAWAL OF NOTICE OF
SETTLEMENT BY DECEMBER 31, 2016

ELIASER MONTANEZ, dba EL CHARRO
RESTAURANT, et al.,

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Defendants.

(ECF No. 29)

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On September 12, 2016, the parties filed a notice of settlement, and an order issued on

19 September 13, 2016, requiring the parties to file dispositive documents on or before October 28,
20 2016. On October 31, 2016, Plaintiff filed a request for an extension of time to file dispositive
21 documents. On November 2, 2016, the Court granted Plaintiff’s request for an extension of time
22 to December 5, 2016, to file dispositive documents. The parties were advised that any future
23 requests for extensions of time should be made before the expiration of a deadline. Dispositive
24 documents were not filed, nor did the parties otherwise respond to the November 2, 2016 order.
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On December 7, 2016, an order issued requiring Plaintiff to show cause why this action

26 should not be dismissed for failure to comply with the Court’s November 2, 2016 order. On
27 December 11, 2016, Plaintiff filed a response to the order to show cause. Plaintiff’s counsel
28 states that he hoped to file a dismissal even if it was a day or two late and that he believed the

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1 case would be resolved promptly. Based on Plaintiff’s response, the order to show cause shall be
2 discharged, however, counsel is advised that the Court expects the parties to file requests for
3 extensions of time before the expiration of a deadline. The parties shall file dispositional
4 documents or a withdrawal of the notice of settlement on or before Saturday, December 31,
5 2016. A failure to file dispositional documents or a withdrawal of the notice of settlement will
6 result in the imposition of sanctions, including dismissal of this action.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The order to show cause issued December 7, 2016 is DISCHARGED;

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2.

The parties shall file dispositional documents or a withdrawal of the notice of
settlement on or before Saturday, December 31, 2016; and

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3.

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Failure to file dispositional documents or a withdrawal of the notice of settlement

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in compliance with this order will result in the imposition of sanctions, including

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dismissal of this action.

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IT IS SO ORDERED.

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December 12, 2016
UNITED STATES MAGISTRATE JUDGE

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