Stinchecum et al v. Dollar General Corp.

Filing 30

ORDER REQUIRING COUNSEL TO PERSONALLY APPEAR TO SHOW CAUSE WHY MONETARY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY. IT IS HEREBY ORDERED that counsel James Tierney and Jeffrey Lenkov SHALL PERSONALLY APPEAR on September 5, 2018, at 10:00 a.m. i n Courtroom 9 before Magistrate Judge Stanley A. Boone to SHOW CAUSE why monetary sanctions should not issue for the failure to comply with the June 21, 2018, and August 1, 2018 orders. Signed by Magistrate Judge Stanley A. Boone on 8/22/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN STINCHECUM, et al.,
Plaintiffs,

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Case No. 1:17-cv-00240-DAD-SAB
ORDER REQUIRING COUNSEL TO
PERSONALLY APPEAR TO SHOW
CAUSE WHY MONETARY SANCTIONS
SHOULD NOT ISSUE FOR FAILURE TO
COMPLY

v.
DOLLAR GENERAL CORP.,
Defendant.

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Plaintiffs John Stinchecum and Peta Stinchecum filed this action against Dollar General

18 Corp. on December 5, 2016, in the Fresno County Superior Court. (ECF No. 1, Exhibit A.) On
19 February 17, 2017, Defendant removed this action to the Eastern District of California. (ECF
20 No. 1.) On June 20, 2018, Defendant filed a notice that the parties have agreed to settle this
21 matter. (ECF No. 26.) An order issued requiring the parties to file dispositional documents
22 within thirty-days of June 21, 2018.

(ECF No. 27.)

The parties did not file dispositive

23 documents in compliance with the June 21, 2018 order.
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On August 1, 2018, an order issued requiring the parties to show cause within fourteen

25 days why this action should not be dismissed for the failure to comply with the June 21, 2018.
26 (ECF No. 28.) The parties did not respond to to the August 1, 2018 order.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

28 Rules or with any order of the Court may be grounds for imposition by the Court of any and all

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1 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
2 control its docket and may, in the exercise of that power, impose sanctions where appropriate,
3 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.
4 2000).
Based on the foregoing, IT IS HEREBY ORDERED that counsel James Tierney and

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6 Jeffrey Lenkov SHALL PERSONALLY APPEAR on September 5, 2018, at 10:00 a.m. in
7 Courtroom 9 before Magistrate Judge Stanley A. Boone to SHOW CAUSE why monetary
8 sanctions should not issue for the failure to comply with the June 21, 2018, and August 1, 2018
9 orders.
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IT IS SO ORDERED.

12 Dated:

August 22, 2018
UNITED STATES MAGISTRATE JUDGE

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