M.J.V. v. City of Avenal

Filing 16

ORDER TO SHOW CAUSE issued directing plaintiff to show cause why this matter should not be dismissed for failure to prosecute, with a written response due by 7/17/2019. Order signed by Magistrate Judge Erica P. Grosjean on 6/17/2019. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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M.J.V., by and through his Guardian ad Litem
Lidia Jacinto, individually and as successor-ininterest to decedent SERGIO VELASCO
MARTINEZ,

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Plaintiffs,

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Case No. 1:18-cv-00863-DAD-EPG
ORDER TO SHOW CAUSE WHY
PLAINTIFFS’ CASE SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE

v.
CITY OF AVENAL, a municipal corporation;
and DOES 1-50, inclusive, individually and in
their official capacity as police officers for the
City of Avenal.
Defendants.

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Plaintiff M.J.V. by and through Guardian ad Litem Lidia Jacinto, filed this civil rights suit
on June 21, 2019, alleging federal and state claims stemming from the death of M.J.V.’s father at
the hands of Avenal Police Department officers.
The Court held a mid-discovery status conference on June 17, 2019. Counsel for Plaintiff,
Kenneth Chike Odiwe was present, as was counsel for Defendants, Bruce Daniel Praet. Mr.

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Odiwe admitted that he has difficulty contacting the Guardian ad Litem, Lidia Jacinto, which has

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stalled discovery efforts. For example, Defendants served written discovery onto Plaintiff on June

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7, 2019, which has not been answered due to the inability to communicate with the Guardian ad

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Litem.

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Accordingly, the Court ORDERS Plaintiff to show cause why this matter should not be
dismissed for a failure to prosecute.
No later than July 17, 2019, Plaintiff is ORDERED to file a written response to this Order
to Show Cause explaining why this matter should not be dismissed for a failure to prosecute.

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IT IS SO ORDERED.
Dated:

June 17, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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