Integon Preferred Insurance v. Camacho, et al.

Filing 88

ORDER Requiring Gerardo Hernandez Jr. and Riley C. Walter to SHOW CAUSE for Their Failure to Comply With a Court Order, signed by Magistrate Judge Stanley A. Boone on 2/21/18. Show Cause Response due by 2/28/2018. Show Cause Hearing set for 3/7/2018 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INTEGON PREFERRED INSURANCE
COMPANY,

Case No. 1:16-cv-01496-AWI-SAB
ORDER REQUIRING GERARDO
HERNANDEZ JR. AND RILEY C. WALTER
TO SHOW CAUSE FOR THEIR FAILURE
TO COMPLY WITH A COURT ORDER

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Plaintiff,
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v.
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ISABELLA ALVAREZ CAMACHO, et al.,

Response due by February 28, 2018
Show Cause Hearing: March 7, 2018, at 10:00
a.m. in Courtroom 9

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Defendants.
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On October 5, 2016, Plaintiff Integon Preferred Insurance Company filed this action

18 seeking declaratory relief.

On August 21, 2017, Defendants Isabella Alvarez Camacho

19 (“Defendant Camacho”) and X-Treme Ag Labor, Inc. (“Defendant X-Treme Ag Labor”) filed a
20 notice of automatic stay pursuant to 11 U.S.C. § 362. (ECF No. 85.) On September 15, 2017, an
21 order issued staying all proceedings against Defendants Camacho and X-Treme Ag Labor. (ECF
22 No. 86.)
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In an action in which these same defendants are named, the Court received notice that the

24 bankruptcy case against X-Treme Ag Labor, Inc. has been closed. See R. Alexander Costa v.
25 Valley Garlic, Inc. et al., No. 1:16-cv-01156-AWI-EPG (E.D. Cal. Dec. 22, 2017). On February
26 14, 2018, the Court ordered Defendant X-Treme Ag Labor to show cause in writing within five
27 (5) days from the date of entry of the order why the stay in this action as to Defendant X-Treme
28 Ag Labor should not be lifted and proceedings be reinstated in this matter. (ECF No. 87.) The

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1 Court also ordered Defendant Camacho to inform the Court of the status of her bankruptcy
2 proceedings within five (5) days from the date of entry of the February 14, 2018 order. (ECF
3 No. 87.) However, Defendants Camacho and X-Treme Ag Labor have not responded to the
4 Court’s February 14, 2018 order.
Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

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6 Rules or with any order of the Court may be grounds for imposition by the Court of any and all
7 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
8 control its docket and may, in the exercise of that power, impose sanctions where appropriate,
9 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.
10 2000).
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendants Camacho and X-Treme Ag Labor’s counsel, Gerardo Hernandez Jr.

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and Riley C. Walter, shall show cause in writing on or before February 28,

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2018, why sanctions should not issue for the failure to comply with the Court’s

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February 14, 2018 order;
2.

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Gerardo Hernandez Jr. and Riley C. Walter shall personally appear before

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United States Magistrate Judge Stanley A. Boone on Wednesday, March 7,

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2018, at 10:00 a.m. in Courtroom 9 at the United States Courthouse, 2500 Tulare

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St., Fresno, California; and
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Failure to comply with this order will result in the issuance of sanctions.

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IT IS SO ORDERED.

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February 21, 2018
UNITED STATES MAGISTRATE JUDGE

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