Vertical Tank, Inc. v. BakerCorp
Filing
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ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failure to Comply with the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 12/4/2019. Show Cause Response due within 14 days. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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VERTICAL TANK, INC.,
Plaintiff,
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v.
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BAKERCORP,
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Defendants.
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Case No.: 1:18-cv-0145 LJO JLT
ORDER TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO
COMPLY WITH THE COURT’S ORDER
On September 4, 2019, the Court held a settlement conference, at which the parties were able to
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resolve the matter. (See Doc. 556, 58) Thereafter, the Court ordered the parties to file a stipulation to
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dismiss the action no later than November 29, 2019. (Doc. 58 at 2) The Court advised the parties that
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their failure to comply with the order may result in the imposition of sanctions, including dismissal of
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the action. (Id.) However, the parties failed to comply with or otherwise respond to the Court’s order.
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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 impose terminating sanctions, based on a party’s failure to prosecute it
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or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. Bonzelet, 963
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F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order); Malone v. U.S.
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Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (terminating sanctions for failure to comply with a
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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 parties are ORDERED to show cause within 14 why terminating and/or
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monetary sanctions should not be imposed for their failure to comply with the Court’s order, or in the
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alternative, to file a stipulated request for dismissal.
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IT IS SO ORDERED.
Dated:
December 4, 2019
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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