Cervantes v. J&N Petroleum, Inc. et al

Filing 15

ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE DISPOSITIONAL DOCUMENTS (ECF NO. 14 ), FOURTEEN (14) DAY RESPONSE DEADLINE, signed by Magistrate Judge Michael J. Seng on 5/5/2017. (Lafata, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 AURORA CERVANTES, Plaintiff, 10 11 12 v. Case No. 1:16-cv-01787-LJO-MJS ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE DISPOSITIONAL DOCUMENTS J AND N PETROLEUM, INC., et al., (ECF NO. 14) 13 14 Defendants. FOURTEEN (14) DAY RESPONSE DEADLINE 15 16 17 Plaintiff initiated this action on November 26, 2016. (ECF No. 1.) On January 17, 18 2017, prior to Defendants’ filing their answer and prior to the initial scheduling 19 conference, counsel for Plaintiff filed a notice of settlement and requested sixty days in 20 which to file a notice of dismissal. (ECF No. 13.) On February 21, 2017, the Court 21 ordered the parties to file dispositional documents within sixty days. The parties were 22 warned that failure to comply or request an extension of time may be ground for 23 imposition of sanctions. (ECF No. 14.) The sixty day deadline passed without the parties 24 submitting said documents or seeking an extension of time to do so. 25 Local Rule 110 provides, “Failure of counsel or of a party to comply with these 26 Rules or with any order of the Court may be grounds for imposition by the Court of any 27 and all sanctions authorized by statute or Rule or within the inherent power of the Court.” 28 1 2 Here, Plaintiff’s failure to take required action in this matter wastes judicial resources. Accordingly, it is HEREBY ORDERED that: 3 1. Within fourteen days, Plaintiff is ordered to show cause why monetary or 4 terminating sanctions should not be issued for failure to comply with the 5 orders of this Court; 6 2. Within fourteen days Plaintiff is ordered to file dispositional documents or 7 request an extension of time to do so, in compliance with the Court’s 8 February 21, 2017 minute order; and 9 3. Failure to comply with this order may result in sanctions, including 10 monetary and terminating sanctions. 11 12 13 IT IS SO ORDERED. Dated: May 5, 2017 /s/ 14 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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