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