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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY TRUJILLO,

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Plaintiff,

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v.
LOWE’S HOME CENTERS, LLC,

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Defendant.

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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

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TO PLAINTIFF’S COUNSEL JACOB EMRANI:

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On April 20, 2017, Plaintiff Timothy Trujillo was informed by an order of the Court that a

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Mandatory Scheduling Conference in this matter would be held on June 6, 2017 at 9:30 AM. On June

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6, 2017, Plaintiff failed to appear in Courtroom 8 before Judge Barbara A. McAuliffe. As a result, the

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scheduling conference could not proceed without counsel’s appearance. Further, at the hearing,

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counsel for Defendant informed the Court that Plaintiff failed to participate in the preparation of the

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joint scheduling report and there has been no verbal communication with Plaintiff since this action

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was filed. The Court additionally noted that counsel for Plaintiff has not been admitted to practice in

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this district.
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Therefore, Plaintiff SHALL show cause why he has failed to participate in these proceedings

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and obey the orders of this Court and why sanctions, up to an including terminating sanctions, should

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not be imposed for his failure to appear at the initial scheduling conference, participate in the joint

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scheduling report, and gain admission to this district. Plaintiff is further ADMONISHED that failure to

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timely respond, as explained in this order, may result in the imposition of sanctions, including

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dismissal of this action.

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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a

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party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any

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and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have

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inherent power to control their dockets,” and in exercising that power, a court may impose sanctions

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including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831

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(9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute

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an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v.

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Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order);

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Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with

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a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to

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prosecute and to comply with local rules).

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Accordingly, the Court ORDERS as follows:

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1.

Counsel for Plaintiff TIMOTHY TRUJILLO is hereby ORDERED TO SHOW

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CAUSE why this Court should not impose sanctions, including dismissal of this action, for his failure

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to appear at the initial scheduling conference and otherwise comply with this Court’s orders. Plaintiff

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shall respond to this Order to Show Cause, in writing, no later than June 15, 2017;

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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);
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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;

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4.

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The Clerk of the Court is directed to serve this Order to Show Cause on Plaintiff by

mail; and
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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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