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

Filing 62

ORDER DISCHARGING 60 Order to Show Cause, signed by Magistrate Judge Barbara A. McAuliffe on 5/26/2020. (Rivera, O)

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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,

ORDER DISCHARGING ORDER TO SHOW
CAUSE

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

(Doc. No. 60.)

Defendants.

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Case No. 1:16-cv-01218-NONE-BAM

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.)
On January 29, 2020, Plaintiffs filed the required status report. (Doc. No. 54.) The Court

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accordingly discharged the Orders to Show Cause issued December 27, 2019, and January 29,

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2020. (Doc. No. 60.) However, counsel was reminded of Plaintiffs’ ongoing obligation 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.) Counsel was further cautioned that any future failure to comply with an order of the

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Court will result in the imposition of sanctions. (Id.)

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On May 4, 2020, after Plaintiffs again failed to file a status report, the Court issued another
Order to Show Cause why sanctions should not be imposed. (Doc. No. 60.) Plaintiffs were

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ordered to respond in writing within fourteen (14) days and were permitted to comply with the

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Order to Show Cause by filing the required status report. (Id.) On May 22, 2020, Plaintiffs filed a

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status report stating that Messrs. Osegueda and Palomino’s criminal cases are ongoing while

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Messrs. Lomeli and Hernandez’s cases have been completed. (Doc. No. 61.) Plaintiffs request

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that the case continue to be stayed pending the outcome of Messrs. Palomino and Osegueda’s

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criminal cases. (Id.)

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In light of the status report, the Court will discharge the May 4, 2020 Order to Show Cause.

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However, the Court notes that, in addition to being untimely in the first instance, Plaintiffs’ status

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report was filed well after the deadline for a response to the Order to Show Cause. Counsel is

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once again reminded of the obligation to file status reports every ninety (90) days. The repeated

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failures to comply with the Court’s orders are looked upon with disfavor and future failures will

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result in the imposition of sanctions against counsel.

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Accordingly, IT IS HEREBY ORDERED that the Court’s Orders to Show Cause issued
May 4, 2020 (Doc. No. 60) is HEREBY DISCHARGED. No sanctions will be imposed.
IT IS SO ORDERED.
Dated:

/s/ Barbara

May 26, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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