Dillingham v. Garcia et al

Filing 190

AMENDED ORDER to SHOW CAUSE and Setting Status Conference, signed by District Judge Dale A. Drozd on 05/03/2022. Trial Status Conference set for 5/6/2022 at 10:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY DILLINGHAM,

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No. 1:18-cv-00579-DAD-EPG (PC)

Plaintiff,
v.

AMENDED ORDER TO SHOW CAUSE AND
SETTING STATUS CONFERENCE

F. GARCIA,
Defendant.

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On May 2, 2022, the court issued an order to show cause directing plaintiff Jerry

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Dillingham to notify the court whether he intends to proceed to trial without counsel or whether

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he intends to no longer prosecute this case. (Doc. No. 189.) This order to show cause was issued

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in part due to plaintiff’s failure to appear at a trial status conference held via Zoom, which was set

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for and held on May 2, 2022. After the court’s order to show cause issued, plaintiff called the

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court’s direct telephone line and left a message stating that he had been unable to access the status

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conference by video. Plaintiff requested that the hearing instead be held telephonically. As a

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result of plaintiff’s phone message, the court now issues this amended order to show cause and

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sets this case for another trial status conference to take place May 6, 2022 at 10:00 a.m.

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As stated in the court’s prior order to show cause, this court held a status conference on

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May 2, 2022, at which time the court sought to address COVID-19 protocols for the upcoming

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jury trial in this case set to begin on May 17, 2022. Plaintiff Jerry Dillingham failed to appear at
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the May 2, 2022 status conference. However, just prior to that status conference, plaintiff sent an

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ex parte email to the court, in which he again requested the appointment of counsel in connection

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with the status conference and any other court proceedings conducted in the future. This court

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has already denied plaintiff’s requests for counsel on three separate occasions. (Doc. No. 11, 112,

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181.) In light of plaintiff’s email, his failure to appear at the May 2, 2022 trial status conference,

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and this court’s prior orders, plaintiff was ordered to notify the court whether he intends to

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proceed to trial without counsel in this action or whether he intends to no longer prosecute this

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case. (Doc. No. 189.) Plaintiff was ordered to file such notice with the court by no later than

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May 9, 2022. Nevertheless, because plaintiff contacted the court via telephone after the court’s

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order to show cause issued, stating that he had been unable to access the Zoom link for the status

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conference, the court now resets this case for a trial status conference to take place May 6, 2022

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at 10:00 a.m. This parties may appear by Zoom or by phone––as plaintiff has requested––and the

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court will separately send the phone and Zoom login information to the parties.

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However, this case is scheduled for jury trial to begin on May 17, 2022. The court is very

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concerned about requiring a large number of prospective jurors to report on that day if plaintiff

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does not intend to proceed with the trial of this action absent the appointment of counsel, as it

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appears he has suggested at times. Obviously, if plaintiff were to fail to appear on the first day of

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trial that would unnecessarily inconvenience a great number of people including the assembled

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jury pool. As such, the court’s previous order to show cause remains in effect. Plaintiff is hereby

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forewarned that if he does not appear for the May 6, 2022 trial status conference or fails to file

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with the court a written notice of his intent to appear at trial, this case will be dismissed due to

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plaintiff’s failure to prosecute this action and failure to obey court orders.

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Accordingly,

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1.

This case is set for a status conference to occur on May 6, 2022 at 10:00 a.m.;

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2.

Plaintiff is ordered to appear at the May 6, 2022 status conference;

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3.

The Clerk of the Court is directed to also serve a copy of this order on plaintiff at

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his email address of record in order to expedite his receipt of this order to show

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cause; and
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4.

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Failure to appear or to file a notice in response to the court’s prior order to show
cause (Doc. No. 189) will result in the dismissal of this action.

IT IS SO ORDERED.
Dated:

May 3, 2022
UNITED STATES DISTRICT JUDGE

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