Ayobi v. Adams et al

Filing 30

ORDER for Defense Counsel to Show Cause in Writing Why Sanctions Should Not Be Imposed for Failure to Comply With Court's Deadline and VACATING Writ of Habeas Corpus Ad Testificandum and Settlement Conference Scheduled for September 13, 2018 signed by Magistrate Judge Stanley A. Boone on 9/5/2018. Show Cause Response due within fifteen (15) days. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SHAJIA AYOBI,

12

Plaintiff,

13
14

v.
DERRAL G. ADAMS, et al.,

15

Defendants.

16
17
18
19
20

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-00693-DAD-SAB (PC)
ORDER FOR DEFENSE COUNSEL TO SHOW
CAUSE IN WRITING WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO
COMPLY WITH COURT’S DEADLINE, AND
VACATING WRIT OF HABEAS CORPUS AD
TESTIFICANDUM AND SETTLEMENT
CONFERENCE SCHEDULED FOR SEPTEMBER
13, 2018
[ECF Nos. 27, 28, 29]

Plaintiff Shajia Ayobi is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

21

On May 9, 2018, the Court referred this case to post-screening Alternative Dispute Resolution,

22

and a settlement conference is set for September 13, 2018, at 9:30 a.m. before United States

23

Magistrate Judge Barbara A. McAuliffe. (ECF No. 27.) In that order, the Court allowed defense

24

counsel the option to “opt-out” of the settlement conference within thirty days, i.e. June 8, 2018. (Id.)

25

///

26

///

27

///

28
1

Despite the thirty-day deadline, Defendants filed a request to opt out of the early settlement

1
2

conference on September 4, 2018. (ECF No. 29.) Defense counsel fails to explain his failure to

3

comply with thirty-day deadline and why the request to opt-out was filed a week before the scheduled

4

settlement conference. Accordingly, it is HEREBY ORDERED that:
1.

5

Within fifteen (15) days from the date of service of this order, defense counsel shall

6

show cause in writing why sanctions should not be imposed for failure to comply with the deadline set

7

forth in the Court’s May 9, 2018 order;
2.

8
9
10

2018, at 9:30 a.m. before the Honorable Barbara A. McAuliffe (ECF No. 27) is VACATED and the
writ of habeas corpus ad testificandum issued August 14, 2018 (ECF No. 28) is also VACATED; and
3.

11
12

In light of the instant order, the settlement conference scheduled for September 13,

The Clerk of Court is directed to serve a courtesty copy of this order on the Litigation

Coordinator at Central California Women’s Facility in Chowchilla.

13
14

IT IS SO ORDERED.

15

Dated:

16

September 5, 2018
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2