Zaiza v. Guthrie, et al.

Filing 31

ORDER to Plaintiff to SHOW CAUSE why this action should not be dismissed for his failure to follow the court's order and order granting Defendant's 30 Motion for Extension to file Pretrial Statement signed by Magistrate Judge Jennifer L. Thurston on 9/4/2018. Show Cause Response due by 9/19/2018. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ROBERTO ZAIZA, 12 Plaintiff, 13 14 v. C. GUTHRIE, et al., 15 Defendants. 16 CASE No. 1:16-cv-01862-LJO-JLT (PC) ORDER TO PLAINTIFF TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR HIS FAILURE TO FOLLOW THE COURT’S ORDER AND ORDER GRANTING DEFENDANT’S REQUEST FOR EXTENSION OF TIME TO FILE PRETRIAL STATEMENT 17 (ECF No. 30) 18 FOURTEEN DAY-DEADLINE 19 20 This action is set for a trial on December 4, 2018, before the Honorable Lawrence J. O’Neill. In 21 preparation, a telephonic trial confirmation hearing has been set for October 11, 2018, before the 22 undersigned. Pursuant to the Trial Scheduling Order issued on June 5, 2017 (ECF No. 21), plaintiff’s 23 pretrial statement was due on or before August 16, 2018. To date, plaintiff has not filed his pretrial 24 statement or sought an extension of time to do so. Defendant, with an upcoming September 13, 2018, 25 deadline to file his pretrial statement, requests an extension of time to file until fourteen days after 26 plaintiff files a pretrial statement. 27 /// 28 /// 1 1 Based on the foregoing, the Court ORDERS: 2 (1) Plaintiff shall SHOW CAUSE within fourteen days why this action should not be dismissed 3 for failure to prosecute and failure to comply with a court order. Alternatively, plaintiff shall 4 file his pretrial statement no later than September 18, 2018; and 5 (2) Defendant’s request for an extension of time (ECF No. 30) is GRANTED. Defendant shall file his pretrial statement fourteen days after plaintiff files his pretrial statement. 6 7 8 9 10 IT IS SO ORDERED. Dated: September 4, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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