Vogel v. PNS Stores, Inc., et al.

Filing 25

SECOND ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE DISPOSITIONAL DOCUMENTS (ECF NO. 20 ); A Show Cause Hearing is set for 5/19/2017 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 4/19/2017. (Lafata, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARTIN VOGEL,
Plaintiffs,

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v.

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Case No. 1:16-cv-00204-DAD-MJS
SECOND ORDER REQUIRING PLAINTIFF
TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE
TO FILE DISPOSITIONAL DOCUMENTS

PNS STORES, INC., et al.,
(ECF NO. 20)
Defendants.

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Show Cause Hearing: May 19, 2017 at 9:30
a.m. in Courtroom 6 (MJS)

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On November 17, 2016, the parties appeared before the Court for a scheduling
conference and advised that they had reached agreement to settle the matter in its
entirety. (See ECF Nos. 19, 20.) The parties were ordered to submit dispositional
documents within sixty days. (Id.) The sixty day deadline passed without the parties
submitting said documents or seeking an extension of time to do so. Accordingly, on
February 28, 2017, the Court ordered the parties to show cause, within fourteen days,
why sanctions should not be imposed. (ECF No. 21.) The parties did not respond to the
order to show cause. Dispositional documents were not filed. On March 15, 2017, the
Court imposed monetary sanctions on the parties for failing to comply with the Court’s
orders. (ECF No. 22.) The sanctions were paid, but dispositional documents remain un
filed.

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This matter remains pending before this Court despite representations by counsel

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for Defendant PNS Stores, Inc., that the parties have executed the release and

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settlement agreement and PNS Stores, Inc. has complied with the terms of the

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agreement. Thus, it appears that the failure to file dispositional documents rests with

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Plaintiff’s counsel.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s counsel shall appear in

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person for a show cause hearing on May 19, 2017 at 9:30 a.m. in Courtroom 6 (MJS) to

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address why further sanctions, to include terminating sanctions and additional monetary

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sanctions, should not be imposed for Plaintiff’s failure to comply with the Court’s orders.

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IT IS SO ORDERED.
Dated:

April 20, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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