Cheese v. Dollar General Corporation, et al

Filing 15

ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failure to File Status Report, signed by Magistrate Judge Jennifer L. Thurston on 3/13/2018. Show Cause Response due within 14 days. (Hall, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) DOLLAR GENERAL CORPORATION, et al., ) ) ) Defendants. ) ) CORINE L. CHEESE, Case No.: 1:15-cv-01842 - LJO-JLT ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE STATUS REPORT 17 On February 25, 2016, the Court stayed this action upon the request of the parties to allow the 18 parties to participate in arbitration. (Doc. 7) At that time the Court directed: “Every 180 days and no 19 later than 30 days after the arbitrator issues the decision, the parties SHALL file a joint status report 20 setting forth the status of the matter and detailing whether the Court should lift the stay.” (Id. at 2) 21 The parties last filed a joint status report on September 6, 2017, at which time the parties 22 reported they were engaged in discovery and “[t]he arbitration [was] set for January 16, 2018.” (Doc. 23 14 at 2) Although more than 180 days have passed, the parties have not filed another status report. 24 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 25 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 26 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 27 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions. 28 Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may issue 1 1 sanctions for a party’s failure to obey a court order. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260- 2 61 (9th Cir. 1992) (issuing terminating sanctions for failure to comply with an order); Malone v. U.S. 3 Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (sanctions for failure to comply with a court order). 4 Thus, the Court ORDERS: Within 14 days, the parties SHALL show cause in writing why 5 sanctions should not be imposed for their failure to comply with the Court’s orders. Alternatively, 6 within this same 14 days, the parties may file a joint status report. 7 8 9 10 IT IS SO ORDERED. Dated: March 13, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?