Neil et al v. Modesto City Schools District et al

Filing 99

ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR PLAINTIFFS FAILURE TO COMPLY WITH AN ORDER OF THE COURT AND CONTINUING THE SETTLEMENT CONFERENCE, signed by Magistrate Judge Sheila K. Oberto on 8/6/2019. (Settlement Conference currently set for 8/12/2019 is moved to 9/25/2019 at 11:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto) (Kusamura, W)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONEISHA NEIL, Deceased, THROUGH
HER SUCCESSOR IN INTEREST
LATISHA CYPRIAN; LATISHA
CYPRIAN, Individually,
Plaintiff,
vs.
DAN PARK, et al.
Defendants.

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No. 1:17-cv-00256-LJO-SKO

ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED
FOR PLAINTIFF’S FAILURE TO COMPLY
WITH AN ORDER OF THE COURT AND
CONTINUING THE SETTLEMENT
CONFERENCE
(Doc. 79)

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On June 6, 2019, the Court ordered the parties to participate in a pre-settlement telephonic
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conference on August 6, 2019, at 10:15 A.M. (Doc. 79.) Defense counsel dialed in to the telephone
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conference the Court at the appointed time, but Plaintiff’s counsel did not. The Court attempted to

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reach counsel by phone three times but was unsuccessful.
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By no later than August 14, 2019, Plaintiff shall file written response to this Order to Show
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Cause why sanctions should not issue for her failure to comply with the Court’s June 6, 2019 order.

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In response, Plaintiff shall explain the reason for failing to participate in the pre-settlement
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telephonic conference.
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In addition, having reviewed the parties’ confidential settlement conference statements,
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the Court finds that a settlement conference at this time will not be productive. Accordingly, the
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settlement conference set for August 12, 2019 is CONTINUED to September 25, 2019 at 11:00

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A.M. in Courtroom 7 before United States Magistrate Judge Sheila K. Oberto. The parties shall

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meet and confer and, by no later than September 18, 2019, shall send updated Confidential

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Settlement Conference Statements to [e-mail].

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Failure to comply with this order shall be grounds for the imposition of sanctions on

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any and all counsel as well as any party or parties who cause non-compliance with this

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order.

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IT IS SO ORDERED.
Dated:

August 6, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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