U.S. Equal Employment Opportunity Commission v. Dash Dream Plant Inc.

Filing 16

ORDER REQUIRING DEFENDANT TO SUBMIT CONFIDENTIAL SETTLEMENT STATEMENT AND SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR THE FAILURE TO COMPLY WITH THESCHEDULING ORDER. DEADLINE: APRIL 24, 2017 - Defendant shall submit a confidential settlement state ment that complies with the January 25, 2017 scheduling conference order by 9:00 a.m. on Monday, April 24, 2017; and Defendant shall show cause in writing why sanctions should not issue for the failure to comply with the October 16, 2015 scheduling order by noon on Monday, April 24, 2017. Signed by Magistrate Judge Stanley A. Boone on 4/21/2017. (Hernandez, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 Case No. 1:16-cv-01395-DAD-EPG U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 12 ORDER REQUIRING DEFENDANT TO SUBMIT CONFIDENTIAL SETTLEMENT STATEMENT AND SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR THE FAILURE TO COMPLY WITH THE SCHEDULING ORDER Plaintiff, 13 v. 14 DASH DREAM PLANT INC., 15 Defendant. DEADLINE: APRIL 24, 2017 16 17 18 A settlement conference in this action is set for April 27, 2017, at 9:30 a.m. before the 19 undersigned. (ECF No. 14.) Pursuant to the order setting the settlement conference, the parties 20 were required to submit a confidential settlement statement to the Court five court days prior to 21 the conference date. (Id. at 7:15-18.) The Court has timely received the confidential statement 22 from Plaintiff, however no statement has been received from Defendant. This Court spends 23 considerable time preparing for settlement conference so as to make it meaningful to the parties 24 and results in a greater likelihood of settlement success. Settlement is extremely important in 25 this district where the judges have one of the highest caseloads per judge in the United States. 26 The settlement conference statement assists the Court in adequately preparing for these matters. 27 They are not pro forma. Defendant shall be required to submit a confidential settlement 28 statement by 9:00 a.m. on April 24, 2017. 1 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 1 2 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 3 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 4 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 5 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 6 2000). Defendant is also required to show cause why sanctions should not issue for the failure to 7 8 submit a confidential statement in compliance with the January 25, 2017 scheduling order. Accordingly, IT IS HEREBY ORDERED that: 9 1. 10 Defendant shall submit a confidential settlement statement that complies with the 11 January 25, 2017 scheduling conference order by 9:00 a.m. on Monday, April 12 24, 2017; and 2. 13 Defendant shall show cause in writing why sanctions should not issue for the 14 failure to comply with the October 16, 2015 scheduling order by noon on 15 Monday, April 24, 2017. 16 17 IT IS SO ORDERED. 18 Dated: April 21, 2017 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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