Posey v. Equifax Inc. et al

Filing 17

ORDER to SHOW CAUSE to Plaintiff Jeremiah Posey Why Sanctions Should Not Be Imposed Including Dismissal of Action. ORDER Directing Plaintiff to Provide His Telephone Number. SHOW CAUSE HEARING set for 1/10/2017 at 10:00 AM in Courtroom 8 (BAM) be fore Magistrate Judge Barbara A. McAuliffe. (1.) Plaintiff JEREMIAH POSEY is hereby ORDERED TO SHOW CAUSE why this Court should not impose sanctions, including dismissal of this action, for his failure to appear at the initial sch eduling conference and otherwise comply with this Courts orders. Plaintiff shall respond to this Order to Show Cause, in writing, no later than January 5, 2017; (2.) Plaintiffs written statement SHALL identify his current phys ical address and telephone number. He shall also advise the Court whether he intends to continue to prosecute this action; (3.) The Court also SETS a Show Cause Hearing for January 10, 2017 at 10:00 AM in Courtroom 8 (BAM) before Unit ed States Magistrate Judge Barbara A. McAuliffe; (4.) Plaintiff SHALL appear at the show cause hearing in person on January 10, 2017; (5.) Defendants counsel may appear at the show cause hearing in person or by telephone by contacti ng chambers at 1-877-411-9748; access code 3190866 prior to the conference; (6.) The Clerk of the Court is directed to serve this Order to Show Cause on Plaintiff by mail; and (7.) Plaintiffs failure to respond to this order or failure to appear at the January 10, 2017 hearing will result in the imposition of sanctions, including a recommendation of dismissal. signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2016. (Herman, H)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6

JEREMIAH POSEY,

7
8
9

Plaintiff,
v.
EQUIFAX, INC. et al.,

10
11
12
13
14
15

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-01322 AWI-BAM
ORDER TO SHOW CAUSE TO PLAINTIFF
JEREMIAH POSEY WHY SANCTIONS
SHOULD NOT BE IMPOSED INCLUDING
DISMISSAL OF ACTION
ORDER DIRECTING PLAINTIFF TO
PROVIDE HIS TELEPHONE NUMBER
HEARING: Tuesday, January 10, 2017, at
10:00 AM in Courtroom 8 (BAM)

Plaintiff’s Personal Appearance Required

16
17
18
19
20
21
22
23
24
25
26
27

TO PLAINTIFF JEREMIAH POSEY:
On September 8, 2016, Plaintiff Jeremiah Posey, proceeding pro se in this action, was
informed by an order of the Court that an Initial Scheduling conference in this matter would be held on
December 20, 2016 at 8:30 am. (Doc. 2). On December 20, 2016, counsel for Defendants appeared
for the scheduling conference, however, Plaintiff Jeremiah Posey failed to appear. As a result, the
scheduling conference could not proceed without Plaintiff’s appearance. Further, at the hearing,
counsel for Defendants informed the Court that Plaintiff has refused to provide his telephone number
and there has been no verbal communication with Plaintiff since this action was filed.
Therefore, Plaintiff SHALL show cause why he has failed to participate in these proceedings
and obey the order of this Court and why sanctions, up to an including terminating sanctions, should
not be imposed for his failure to appear at the initial scheduling conference and provide his telephone

28
1

1

number. Plaintiff is further put on notice that failure to timely respond, as explained in this order, may

2

result in the imposition of sanctions, including dismissal of this action.
DISCUSSION

3
4

Eastern District of California Local Rule 131(a) provides that any party appearing pro se is

5

required to provide “the name, address, and telephone number of the party.” L.R. 131(a). Thus,

6

Plaintiff is required to provide the Court and opposing counsel with his telephone number.

7

Eastern District of California Local Rule Local Rule 110 provides: “Failure of counsel or of a

8

party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any

9

and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have

10

inherent power to control their dockets,” and in exercising that power, a court may impose sanctions

11

including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831

12

(9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute

13

an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v.

14

Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order

15

requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987)

16

(dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th

17

Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).

18

Accordingly, the Court HEREBY ORDERS as follows:

19

1.

Plaintiff JEREMIAH POSEY is hereby ORDERED TO SHOW CAUSE why this

20

Court should not impose sanctions, including dismissal of this action, for his failure to appear at the

21

initial scheduling conference and otherwise comply with this Court’s orders. Plaintiff shall respond to

22

this Order to Show Cause, in writing, no later than January 5, 2017;
2.

23

Plaintiff’s written statement SHALL identify his current physical address and

24

telephone number. He shall also advise the Court whether he intends to continue to prosecute this

25

action;

26
27
28

3.

The Court also SETS a Show Cause Hearing for January 10, 2017 at 10:00 AM in

Courtroom 8 (BAM) before United States Magistrate Judge Barbara A. McAuliffe;
4.

Plaintiff SHALL appear at the show cause hearing in person on January 10, 2017;
2

1
2

5.

Defendants’ counsel may appear at the show cause hearing in person or by telephone

by contacting chambers at 1-877-411-9748; access code 3190866 prior to the conference;

3

6.

4

mail; and

5

7.

6

The Clerk of the Court is directed to serve this Order to Show Cause on Plaintiff by

Plaintiff’s failure to respond to this order or failure to appear at the January 10,

2017 hearing will result in the imposition of sanctions, including a recommendation of dismissal.

7
8

IT IS SO ORDERED.

9
10

Dated:

/s/ Barbara

December 20, 2016

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3