Osegueda et al v. Stanislaus County Public Safety Center et al

Filing 58

ORDER DISCHARGING Orders to Show Cause 53 56 , signed by Magistrate Judge Barbara A. McAuliffe on 1/30/20. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO OSEGUEDA, et al.,

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Plaintiffs,

Case No. 1:16-cv-01218-LJO-BAM
ORDER DISCHARGING ORDERS TO
SHOW CAUSE

v.
STANISLAUS COUNTY PUBLIC
SAFETY CENTER, et al.,

(Doc. Nos. 53, 56.)

Defendants.

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Plaintiffs Armando Osegueda and Robert Palomino filed this action on August 16, 2016.

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(Doc. No. 1.) On February 5, 2017, a Second Amended Complaint was filed adding David

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Lomeli and Jairo Hernandez as Plaintiffs. (Doc. No. 22.) On January 29, 2019, the Court

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approved the parties’ stipulation to stay this matter pending resolution of the state criminal

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proceedings against Plaintiffs. (Doc. No. 50.) The Court further directed Plaintiffs to file a

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written status report every ninety (90) days notifying the Court of the status of the criminal

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matter. (Id.)

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On December 27, 2019, after no status reports had been filed, the Court issued an Order to

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Show Cause why sanctions should not be imposed for failure to comply with an order of the

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Court. (Doc. No. 53.) Plaintiffs were required to file either a written response or the required

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status report by January 10, 2020. (Id.) Plaintiffs did not file a written response or status report

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as required by the Court’s December 27, 2019 order. Accordingly, on January 29, 2020, the
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Court ordered Plaintiffs’ counsel Amber Hope Gordon to personally appear before the Court on

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February 12, 2020, to show cause why the action should not be dismissed for failure to prosecute

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and failure to comply with the Court’s orders. (Doc. No. 56.) Counsel was permitted to comply

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with the Court’s January 29, 2020 Order to Show Cause by filing the required status report by

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February 10, 2020. (Id.)

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On January 29, 2020, Plaintiffs filed a status report stating that the criminal proceedings

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against Plaintiff Osegueda and Plaintiff Palomino are ongoing while the criminal proceedings

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against Plaintiff Lomeli and Plaintiff Hernandez have been completed. (Doc. No. 54.) Plaintiffs

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request that the case continue to be stayed pending the outcome of the remaining criminal

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proceedings. (Id.)

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In light of Plaintiffs’ status report, the Court will discharge the Orders to Show Cause

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issued December 27, 2019, and January 29, 2020. However, counsel is reminded of Plaintiffs’

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ongoing obligation to file a written status report every ninety (90) days notifying the Court of the

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status of the criminal matter. Counsel is further cautioned that any future failure to comply with

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an order of the Court will result in the imposition of sanctions.

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Accordingly, IT IS HEREBY ORDERED that the Court’s Orders to Show Cause issued

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December 27, 2019 (Doc. No. 53) and January 29, 2020 (Doc. No. 56) are HEREBY

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DISCHARGED. No sanctions will be imposed and counsel is not required to personally appear

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before the Court on February 21, 2020.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 30, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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