United States v. Jara, Jr. et al.

Filing 23

ORDER DISCHARGING Order to Show Cause; ORDER to LISA JARA and HER COUNSEL to APPEAR on March 1, 2017 at 8:30 A.M. to SHOW CAUSE Why Sanctions Should Not Be Imposed for Their Failure to Comply with Court Orders, signed by Magistrate Judge Jennifer L. Thurston on 2/16/2017. Show Cause Hearing set for 3/1/2017 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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ELISEO JARA, JR., et al.,

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Defendants.

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Case No.: 1:16-cv-00906 AWI JLT
ORDER DISCHARGING ORDER TO SHOW
CAUSE
ORDER TO LISA JARA AND HER COUNSEL
TO APPEAR ON MARCH 1, 2017 AT 8:30 A.M.
TO SHOW CAUSE WHY SANCTIONS SHOULD
NOT BE IMPOSED FOR THEIR FAILURE TO
COMPLY WITH COURT ORDERS

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On December 28, 2016, the Court issued the scheduling order. (Doc. 19) Counsel for the

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plaintiff and Ms. Jara were present personally in court while Mr. Eliseo Jara and Mr. Sergio Jara

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were present telephonically. (Doc. 18) At that time, the Court set a mid-discovery status conference

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to occur on February 3, 2017 and ordered the parties to file a joint report one week in advance.

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(Doc. 19 at 3-4)

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Nevertheless, all of the defendants failed to participate in the preparation of the report. (Doc.

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20 at 1) Thus, on January 31, 2017, the court ordered, “Defendants SHALL show cause in writing

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within 10 days why they should not be sanctioned for their failure to file a joint mid-discovery status

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conference report as ordered by the Court.” (Doc. 21) On February 14, 2017, Eliseo and Sergio Jara

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filed a joint document responding to the order. (Doc. 22) in doing so, they fail to address why they

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failed to participate the preparation of the joint report and indicate only that due to their incarcerated

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status, they lack the ability to access documents. Id. While the Court appreciates this impediment,

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this does not excuse the Jara’s from participation in this case and absolutely does not excuse them

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from complying with the Court’s orders. Thus, they are admonished that they SHALL participate in

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this case and they SHALL follow the Court’s orders. Their failure to do so will result in the Court

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recommending that their answers be stricken and default entered against them.

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For her part, neither Lisa Jara nor her attorney, Michael Whittington responded to the Court’s
order to show cause. Therefore, the Court ORDERS:
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The order to show cause as to Eliseo and Sergio Jara, is DISCHARGED. Eliseo and

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Sergio Jara are admonished that they SHALL comply with all orders of the Court and SHALL, to the

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best of their ability fully participate in this action. Their incarcerated status does not relieved them

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or either obligation;
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Lisa Jara and Michael Whittington are ORDERED to appear in person on March

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1, 2017 at 8:30 a.m. at the United States Courthouse to show cause why sanctions should not be

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imposed on Lisa Jara and Michael Whittington and/or whether Lisa Jara’s answer and that of the

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entities she represents should not be stricken and her default entered.

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IT IS SO ORDERED.
Dated:

February 16, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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