Country Fresh Batter, Inc v. Lion Raisins, Inc.

Filing 83

ORDER to SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO OBEY A COURT ORDER. (Doc. Nos. 79, 81.) The parties are HEREBY ORDERED to SHOW CAUSE in writing within fourteen (14) days of the date of entry of this order why sanctions should not be imposed against them for failure to file dispositive documents. The parties may also comply with this order by filing the required dispositional documents. Order signed by Magistrate Judge Barbara A. McAuliffe on 3/9/2020. (Timken, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COUNTRY FRESH BATTER, INC.,

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Plaintiff,
v.
LION RAISINS, INC.,

Case No. 1:17-cv-01527-DAD-BAM
ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED
FOR FAILURE TO OBEY A COURT ORDER
(Doc. Nos. 79, 81)

Defendant.
FOURTEEN (14) DAY DEADLINE

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On September 4, 2019, the parties reached a settlement of this action following a

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Settlement Conference before Magistrate Judge Sheila K. Oberto. (Doc. No. 79.) The parties

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were ordered to file a notice of settlement pursuant to Local Rule 160 within two (2) days and to

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file dismissal documents within sixty (60) days. (Id.) On September 6, 2019, Plaintiff Country

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Fresh Batter, Inc. filed a notice of settlement of this action. (Doc. No. 80.) On September 9,

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2019, the Court ordered the parties, no later than November 4, 2019, to file appropriate papers to

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dismiss or conclude this action in its entirety. (Doc. No. 81.) To date, the parties have not filed

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any dispositional documents or otherwise responded to the Court’s orders.

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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules

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

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sanctions . . . within the inherent power of the Court.” Furthermore, “[a] failure to file
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dispositional papers on the date prescribed by the Court may be grounds for sanctions.” L.R.

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160(b). The Court has the inherent power to control its docket and may, in the exercise of that

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power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los

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Angeles County, 216 F.3d 837, 841 (9th Cir. 2000).

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Accordingly, the parties are HEREBY ORDERED to SHOW CAUSE in writing within

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fourteen (14) days of the date of entry of this order why sanctions should not be imposed against

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them for failure to file dispositive documents. The parties may also comply with this order by

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filing the required dispositional documents.

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Failure to respond to this order to show cause may result in the imposition of

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sanctions, including a recommendation that this action be dismissed for failure to comply

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with court orders.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

March 9, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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