Kern County Hospital Authority v. UnitedHealthcare Insurance Company, et al.
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 5/28/2019. Show Cause Response due by 6/11/2019. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KERN COUNTY HOSPITAL AUTHORITY, )
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Plaintiff,
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v.
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UNITEDHEALTHCARE INSURANCE
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COMPANY,
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Defendant.
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Case No.: 1:18-cv-0473 - DAD - JLT
ORDER TO SHOW CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO
COMPLY WITH THE COURT’S ORDER
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Previously, the parties filed a “Joint Notice of Settlement,” indicating they agreed to settle the
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action and anticipated filing a stipulation for dismissal within sixty days. (Doc. 37 at 1) Accordingly,
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the Court directed the parties to file a stipulated request for dismissal no later than May 24, 2019.
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(Doc. 38) The parties were informed that “failure to comply with this order may result in the Court
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imposing sanctions, including the dismissal of the action.” (Id. at 1, emphasis omitted.) However, to
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date, the parties have 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 dismiss an action with prejudice, based on a party’s failure to prosecute
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an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v.
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Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order);
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Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with
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a 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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Within 14 days, the parties are ORDERED to show cause why the action should not be
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dismissed and/or monetary sanctions imposed for their failure comply with the Court’s order or,
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within the same time period, to file a stipulated request for dismissal.
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IT IS SO ORDERED.
Dated:
May 28, 2019
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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