Cervantes v. ASJS Investments, LLC et al

Filing 14

ORDER REQUIRING CATHERINE M. CORFEE TO PERSONALLY APPEAR ON APRIL 12, 2018 AT 10:00 A.M. IN COURTROOM 9. Signed by Magistrate Judge Stanley A. Boone on 4/6/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AURORA CERVANTES,
Plaintiff,

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ORDER REQUIRING CATHERINE M.
CORFEE TO PERSONALLY APPEAR ON
APRIL 12, 2018, AT 10:00 A.M. IN
COURTROOM 9

v.

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Case No. 1:18-cv-00001-LJO-SAB

ASJS INVESTMENTS, LLC, et al.,
Defendants.

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On December 29, 2017, Plaintiff Aurora Cervantes filed this action alleging violations of the

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Americans with Disabilities Act of 1990 and state law. (ECF No. 1.) On January 2, 2018, an order

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issued setting the mandatory scheduling conference for April 2, 2018, at 1:30 p.m. (ECF No. 2.)

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Approximately thirty minutes prior to the April 2, 2018 hearing, the courtroom deputy reached out

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to Catherine Corfee, counsel for Defendants, and provided her with the telephone number and

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passcode to appear telephonically at the scheduling conference. Counsel Daniel Malakauskas

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appeared telephonically for Plaintiff; however, counsel for Defendants did not appear.

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On April 2, 2018, the Court ordered Catherine M. Corfee to show cause in writing within

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three days from the date of entry of the order why monetary sanctions should not be imposed for

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the failure to appear at the mandatory scheduling conference. (ECF No. 10.) The deadline has

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passed and Catherine M. Corfee has not filed a response to the Court’s April 2, 2018 order to show

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cause.

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The Local Rules of the Eastern District of California (“L.R.”) provide that “[f]ailure of

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counsel or of a party to comply with these Rules or with any order of the Court may be grounds

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for imposition by the Court of any and all sanctions . . . within the inherent power of the Court.”

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L.R. 110. 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, IT IS HEREBY ORDERED that Defendants’ counsel, Catherine M. Corfee,

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shall personally appear before United States Magistrate Judge Stanley A. Boone, at the United

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States Courthouse, 2500 Tulare St., Fresno, California, Courtroom 9, on Thursday, April 12,

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2018, at 10:00 a.m. to show cause why sanctions should not be imposed for the failure to comply

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with a court order and failure to appear at the scheduling conference.

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IT IS SO ORDERED.

15 Dated:

April 6, 2018
UNITED STATES MAGISTRATE JUDGE

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