Fitch v. Galland

Filing 51

ORDER to JOEY FITCH to SHOW CAUSE Why Sanctions Should Not Be Imposed for His Failure to Comply with Court Orders and to Appear at the Mandatory Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/27/2017. Show Cause Response due by 4/7/2017.(Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOEY FITCH,

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Plaintiff,
v.
JOSEPH GALLAND, et al.,

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Defendants.

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Case No.: 1:16-CV-0489- JLT
ORDER TO JOEY FITCH TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE
IMPOSED FOR HIS FAILURE TO COMPLY
WITH COURT ORDERS AND TO APPEAR AT
THE MANDATORY SCHEDULING
CONFERENCE

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On November 1, 2017, the Court set the mandatory scheduling conference. (Doc. 25) The

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Court required the parties to file a joint scheduling conference report in advance of the hearing. (Doc.

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25; Doc. 4 at 2-7) Nevertheless, though defense counsel prepared a draft report and forwarded it to Mr.

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Fitch, he failed to contribute to the statement. (Doc. 48 at 1) Moreover, he failed to appear at the

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hearing despite that the Court ordered him to appear. (Doc. 4 at 1 [“Therefore, it is ordered that you

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appear for a formal Scheduling Conference before United States Magistrate Judge Jennifer L. Thurston,

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at the United States District Court, 510 19th Street, Bakersfield, CA 93301.”]; Doc. 49) Therefore, the

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Court ORDERS:

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1.

No later than April 7, 2017, plaintiff, Joey Fitch, SHALL show cause in writing

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why sanctions, up to and including dismissal of this action, should not be imposed for his failure to

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comply with the Court’s orders and to appear at the mandatory scheduling conference;
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2.

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The plaintiff is advised that his failure to comply with this order will result in the

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Alternatively, the plaintiff may file a notice of voluntary dismissal.

imposition of monetary sanctions and may result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

March 27, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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