John Doe Smith v. Mims et al

Filing 66

ORDER DISCHARGING ORDER TO SHOW CAUSE AND CONTINUING SETTLEMENT CONFERENCE. Settlement Conference currently set for 7/17/2019 is CONTINUED to 1/17/2019 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 7/13/2018. (Thorp, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL TREBAS,

No. 1:16-cv-00461-DAD-EPG

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Plaintiff,
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v.
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SGT. BETTY MORENO, et al.,

ORDER DISCHARGING ORDER TO
SHOW CAUSE AND CONTINUING
SETTLEMENT CONFERENCE

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Defendants.

(Doc. 63)

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On July 12, 2018, this Court ordered the parties to show cause why they should not be

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sanctioned for failure to comply with the Court’s May 29, 2018 order setting the settlement

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conference (“May 29, 2018 Order”). Plaintiff was further ordered to submit a confidential

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settlement statement that complied with the Court’s May 29, 2018 Order (the “OSC Order”).

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(Doc. 63.) The OSC Order noted that Defendants had failed to meet the Court’s deadline to
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submit their confidential statement by 12:00 p.m. on July 12, 2018. (Id.) The OSC Order further

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noted that Plaintiff’s confidential statement was deficient because he “failed to provide a

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meaningful summary of the proceedings to date” and “failed to properly outline past settlement

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efforts or provide the court with his settlement demand, despite a reference to an ‘attached’

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document, which was not provided to the Court.” (Id.)
On July 13, 2018, Defendants filed a response to the OSC Order stating that his failure to
comply with the May 29, 2018 Order was due to an inadvertent scheduling error. (Doc. 64.)

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Plaintiff also submitted a response to the OSC Order on July 13, 2018. (Doc. 65.) Plaintiff’s
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response stated that he was traveling on “July 18, 2018,” and did not notice that his confidential

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statement was not properly delivered to the Court. (Id.) The Court notes that Plaintiff has still

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not submitted a confidential settlement statement that outlines past settlement efforts or provides

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the Court with his settlement demand—as required by the Court’s May 29, 2018 Order. Instead,

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Plaintiff simply re-forwarded his previous email of July 11, 2018 to the Court.
The Court expects all parties to avail themselves of the Local Rules of the U.S. District

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Court for the Eastern District of California and Federal Rules of Civil Procedure to ensure that
documents are submitted in a timely manner and in compliance with all applicable rules.
Although Plaintiff’s response appears to refer to an erroneous date when he was traveling,

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the Court finds that the parties have adequately explained why their submissions were not timely

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and discharges the order to show cause. Based on the parties’ current submissions, however, it is

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apparent that they are not prepared to proceed with a settlement conference at this time.

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Accordingly, the Court hereby ORDERS that:
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1. The order to show cause issued July 13, 2018, (Doc. 63), be discharged;

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2. The settlement conference set for July 17, 2018 (Doc. 57), is continued to

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January 17, 2019, at 10:00 a.m. in Courtroom 7 (SKO) before Magistrate

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Judge Sheila K. Oberto; and

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3. The parties shall submit to the Court, via e-mail to
[e-mail], updated confidential settlement conference

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statements that comply with the Court’s May 29, 2018 Order, by no later than
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January 10, 2019. Each party shall also file a Notice of Submission of

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Confidential Settlement Conference Statement (See L.R. 270 (d)).

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The Court has discretion to impose any and all sanctions authorized by statute or Rule or
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within the inherent power of the Court, based on any parties’ failure to comply with this order.
Fed. R. Civ. P. 11; Local Rule 110.

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IT IS SO ORDERED.
Dated:

July 13, 2018

/s/

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Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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