Ashely v. Youngblood et al

Filing 71

ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for His Failure to Secure Substitute/Additional Counsel, signed by Magistrate Judge Jennifer L. Thurston on 7/10/2018. Show Cause Response due within 10 days. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK ASHELY, individually and behalf of )
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those similarly situated,
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Plaintiffs,
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v.
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SHERIFF DONNY YOUNGBLOOD, et al., )
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Defendants.
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Case No.: 1:16-cv-01638- JLT
ORDER TO PLAINTIFF TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED FOR
HIS FAILURE TO SECURE
SUBSTITUTE/ADDITIONAL COUNSEL

On June 20, 2018, the Court granted the stipulation of counsel to amend the case schedule.

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(Doc. 72) It did this because the plaintiff’s attorney has been quite ill for an extended period and

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because counsel reported that the plaintiff would have either substitute counsel appear or would

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associate in another attorney. Id. at 1. The Court understood that retaining another attorney would

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alleviate the delays in discovery that have occurred due to counsel’s illness. Thus, the Court set a

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deadline for new counsel to appear. That deadline has passed and no new counsel has appeared.

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Accordingly, the Court ORDERS:
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Within 10 days, the plaintiff SHALL show cause in writing why sanctions should not be

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imposed for his failure to comply with the Court’s order. Sanctions may include

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dismissal of this action unless there is a showing that the case will suffer no more delays

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due to his current attorney’s illnesses.

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Failure to comply with this order may result in the Court dismissing the action.

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IT IS SO ORDERED.
Dated:

July 10, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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