Duncan v. Equifax Inc., et al.

Filing 20

ORDER TO SHOW CAUSE for Failure to Appear. The Court orders plaintiffs to file a written response to this Order to Show Cause indicating whether they intend to participate in this action and to explain their failure to appear at the initial scheduling conference, with said response due by 2/15/2017. Order signed by Magistrate Judge Erica P. Grosjean on 1/30/2017. (Rooney, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 RALPH O. DUNCAN; and YOLANDA Y. DUNCAN, Plaintiffs, 13 14 15 16 Case No. 1:16-cv-01633-AWI-EPG ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR v. EQUIFAX INC., et al., Defendants. 17 On October 28, 2016, Defendant Trans Union LLC removed this case from Fresno County 18 Superior Court. (ECF No. 1.) The case was later consolidated with a case filed by Plaintiff 19 Yolanda Y. Duncan. (ECF No. 17.) The Court set an initial scheduling conference in the case for 20 January 30, 2017. (ECF No. 16.) The parties were instructed that attendance at the scheduling 21 conference was mandatory. Plaintiffs Ralph Duncan and Yolanda Duncan were provided 22 instructions on how to attend the scheduling conference. (ECF No. 16.) Plaintiffs also reviewed 23 and approved the parties’ joint scheduling report, which denotes the time and date of the 24 scheduling conference on its front page, before it was filed. (ECF No. 18.) 25 The Court held the initial scheduling conference in this case on January 30, 2017 at 10:30 26 a.m. Thomas Quinn appeared telephonically for Equifax Inc. Jennifer Sun appeared for Experian 27 28 1 1 Information Solutions, Inc.1 Plaintiffs Ralph Duncan and Yolanda Duncan failed to appear for 2 the hearing and did not file any requests for a continuance or otherwise notify the Court that they 3 would not be able to appear. Accordingly, the Court orders that Plaintiffs Ralph Duncan and 4 Yolanda Duncan show cause why sanctions, up to and including dismissal of their case, should 5 not be issued for failure to comply with this Court’s orders. 6 No later than February 15, 2017, Plaintiffs Ralph Duncan and Yolanda Duncan are 7 ORDERED file a written response to this Order to Show Cause indicating whether they intend to 8 participate in this action and to explain their failure to appear at the initial scheduling conference 9 on January 30, 2017. 10 11 Plaintiffs are cautioned that failure to respond to this Order as set forth above may result in the dismissal of their case. 12 13 14 IT IS SO ORDERED. 15 Dated: January 30, 2017 /s/ 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 1 Trans Union LLC was dismissed from the case on November 30, 2016. (ECF No. 13.) 2

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