Abrantes v. American Blinds and Draperies, Inc.

Filing 9

ORDER Requiring Plaintiff to SHOW CAUSE Why Sanctions Should Not Be Issued for Failure to Comply With Court Order 8 , signed by Magistrate Judge Stanley A. Boone on 6/13/17: 5-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOGERT ABRANTES,

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Plaintiff,

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Case No. 1:17-cv-00152-AWI-SAB
ORDER REQUIRING PLAINTIFF TO
SHOW CAUSE WHY SANCTIONS
SHOULD NOT ISSUE FOR FAILURE TO
COMPLY WITH COURT ORDER

v.
AMERICAN BLINDS AND DRAPERIES,
INC.,

(ECF No. 8)

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Defendant.

FIVE DAY DEADLINE

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Plaintiff filed a proof of service on June 1, 2017, showing that the defendant in this action

19 was served on March 27, 2017. Although the time for Defendant to file a responsive pleading
20 has passed, no answer, stipulation for an extension of time to file an answer, or request for entry
21 of default has been filed. On June 5, 2017, an order issued requiring Plaintiff to inform the Court
22 on the status of this action within five days. More than five days have passed and Plaintiff has
23 not responded to the June 5, 2017 order.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

25 Rules or with any order of the Court may be grounds for imposition by the Court of any and all
26 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
27 control its docket and may, in the exercise of that power, impose sanctions where appropriate,
28 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.

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1 2000).
Accordingly, the Court HEREBY ORDERS PLAINTIFF TO SHOW CAUSE within five

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3 (5) days of the date of entry of this order why sanctions should not be issued for the failure to
4 comply with the June 5, 2017 order. Plaintiff is forewarned that the failure to show cause
5 may result in the imposition of sanctions, including the dismissal of this action.
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IT IS SO ORDERED.

8 Dated:

June 13, 2017
UNITED STATES MAGISTRATE JUDGE

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