Trujillo v. Lowe's Home Centers, LLC

Filing 11

ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed Including Dismissal. RESPONSE or Notice of Voluntary Dismissal Due: June 15, 2017. ORDER SETTING Show Cause Hearing: set for Wednesday, June 21, 2017 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 6/6/2017. (Herman, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY TRUJILLO, 12 Plaintiff, 13 14 v. LOWE’S HOME CENTERS, LLC, 15 Defendant. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-244 AWI-BAM ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED INCLUDING DISMISSAL RESPONSE OR NOTICE OF VOLUNTARY DISMISSAL DUE: June 15, 2017 ORDER SETTING SHOW CAUSE HEARING HEARING: Wednesday, June 21, 2017 at 9:30AM in Dept. 8 19 20 TO PLAINTIFF’S COUNSEL JACOB EMRANI: 21 On April 20, 2017, Plaintiff Timothy Trujillo was informed by an order of the Court that a 22 Mandatory Scheduling Conference in this matter would be held on June 6, 2017 at 9:30 AM. On June 23 6, 2017, Plaintiff failed to appear in Courtroom 8 before Judge Barbara A. McAuliffe. As a result, the 24 scheduling conference could not proceed without counsel’s appearance. Further, at the hearing, 25 counsel for Defendant informed the Court that Plaintiff failed to participate in the preparation of the 26 joint scheduling report and there has been no verbal communication with Plaintiff since this action 27 was filed. The Court additionally noted that counsel for Plaintiff has not been admitted to practice in 28 this district. 1 1 Therefore, Plaintiff SHALL show cause why he has failed to participate in these proceedings 2 and obey the orders of this Court and why sanctions, up to an including terminating sanctions, should 3 not be imposed for his failure to appear at the initial scheduling conference, participate in the joint 4 scheduling report, and gain admission to this district. Plaintiff is further ADMONISHED that failure to 5 timely respond, as explained in this order, may result in the imposition of sanctions, including 6 dismissal of this action. 7 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 8 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 9 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 10 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions 11 including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 12 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute 13 an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. 14 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order); 15 Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with 16 a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to 17 prosecute and to comply with local rules). 18 Accordingly, the Court ORDERS as follows: 19 1. Counsel for Plaintiff TIMOTHY TRUJILLO is hereby ORDERED TO SHOW 20 CAUSE why this Court should not impose sanctions, including dismissal of this action, for his failure 21 to appear at the initial scheduling conference and otherwise comply with this Court’s orders. Plaintiff 22 shall respond to this Order to Show Cause, in writing, no later than June 15, 2017; 23 24 25 26 2. If Plaintiff no longer intends to pursue this case, he may satisfy the ORDER to SHOW CAUSE by filing a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil 41(a)(1)(A); 3. The Court also SETS a Show Cause Hearing for June 21, 2017 at 9:30 AM in Courtroom 8 (BAM) before United States Magistrate Judge Barbara A. McAuliffe; 27 4. 28 The Clerk of the Court is directed to serve this Order to Show Cause on Plaintiff by mail; and 2 1 2 5. Plaintiff’s failure to respond to this order or failure to appear at the June 21, 2017 hearing will result in the imposition of sanctions. 3 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara June 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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