Langley v. Tulare Police Department et al

Filing 15

ORDER to SHOW CAUSE signed by District Judge Dale A. Drozd on 7/21/2016. Telephonic Show Cause Hearing set for 8/24/2016 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY LANGLEY,

Case No. 1:16-cv-00336-DAD-SMS

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Plaintiff,

ORDER TO SHOW CAUSE

v.
TULARE POLICE DEPARTMENT,
OFFICER COLEJIO, and DOE 1,

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Date:
Time:
Location:

August 24, 2016
11 a.m.
Judge Snyder’s chambers

Defendants.

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This action was removed from the Superior Court of Tulare County by the City of Tulare.

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Doc. 2. The initial scheduling conference was set for June 15, 2016. Doc. 3. On May 9, 2016,

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Plaintiff filed a motion requesting the Court continue the initial scheduling conference. Doc. 5.

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Considering Plaintiff’s pro se status, the Court issued a minute order requesting a telephonic status

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conference with the parties on May 17, 2016. Doc. 6. A copy of the minute order was mailed to

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Plaintiff.
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On May 17, 2016, only counsel for Defendants, John Lavra, initiated a telephonic status

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conference call with the Court. Doc. 7. Mr. Lavra informed the Court that he was unable to

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communicate with Plaintiff despite efforts to contact him by telephone and mail delivered by the

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United States Postal Service. The Court confirmed that Mr. Lavra attempted to contact Plaintiff at

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the telephone number and address provided to the Court.
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On May 25, 2016, the Court issued an order denying Plaintiff’s motion for continuance and

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the scheduling conference remained set for June 15, 2016. In the same order, Plaintiff was directed

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to provide the Court with a current and functioning telephone number no later than June 3, 2016.

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The Court expressly stated that failure to participate in the June 15, 2016 scheduling conference,

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which would be conducted telephonically, would result in issuance of an order to show cause why

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sanctions, including a recommendation to the district judge that the case be dismissed, should not be

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issued. Doc. 8.
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Plaintiff did not appear telephonically (or in person) for the June 15, 2016 scheduling

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conference. Plaintiff also did not provided the Court with a current and functioning telephone

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number. Only Mr. Lavra appeared telephonically. Consequently, the Court issued an order to show

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cause directing Plaintiff to appear in person before the Court on July 20, 2016 at 3 p.m. in Magistrate

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Judge Sandra M. Snyder’s courtroom, to show why this case should not be dismissed for failure to

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comply with the Court’s prior orders. Defendants were permitted to appear telephonically. Doc. 12.

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On July 20, 2016, Plaintiff again failed to appear. Only Mr. Lavra appeared telephonically.
He informed the Court that his law firm received two letters from Plaintiff. One of the letters

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appears to request legal counsel. Under firm policy, such letters from opposing parties are filed,

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unread. Without divulging the sender’s address, Mr. Lavra noted, however, that the letters appear to

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be sent from a California state prison. Mindful of the probability that Plaintiff has not been in

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compliance with the Court’s orders due to his status, the Court will provide Plaintiff with another

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opportunity to appear and explain his situation as it relates to this case.
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Accordingly, the Court ORDERS Plaintiff to appear telephonically on August 24, 2016, at 11

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a.m. before Magistrate Judge Sandra M. Snyder, to show cause why this case should not be

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dismissed for failure to comply with the Court’s prior orders. Defendants are also directed to appear

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telephonically. To do so, the parties are directed to dial 1-866-590-5055 and use the passcode

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5453256. Plaintiff is admonished that failure to timely comply with this second order to
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show cause will result in a recommendation for dismissal of this action.
The Clerk of Court is DIRECTED to send this order to show cause to Plaintiff, Randy

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Wesley Langley, at the following address: North Kern State Prison, P.O. Box 567, Delano, CA

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93216-0567, CDCR# BA3949.

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IT IS SO ORDERED.
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Dated:

July 21, 2016

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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