Pringle v. Walmart Distribution Center

Filing 39

ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed for Plaintiff's Failure to Appear and Failure to Obey a Court Order signed by Magistrate Judge Barbara A. McAuliffe on 10/15/2020. Show Cause Response due within twenty-one (21) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AL PRINGLE,

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Case No. 1:19-cv-00468-BAM
Plaintiff,

v.
WALMART DISTRIBUTION CENTER,
et al.,

(Doc. No. 38)
Defendants.
TWENTY-ONE (21) DAY DEADLINE

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ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED
FOR PLAINTIFF’S FAILURE TO APPEAR
AND FAILURE TO OBEY A COURT
ORDER

On September 4, 2020, the Court granted the motion of Woosik Isaac Maing to withdraw

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as counsel of record for Plaintiff Al Pringle (“Plaintiff”), and substituted Plaintiff in propria

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persona. (Doc. No. 37.) By separate order, the Court set a telephonic status conference for

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October 15, 2020, to address whether Plaintiff had secured new counsel or intended to represent

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himself in propria persona. (Doc. No. 38.) A copy of the Court’s order setting the conference

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was served on Plaintiff at his last known address.

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On October 15, 2020, Plaintiff failed to appear at the telephonic status conference.

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Pursuant to Local Rule 110, “[f]ailure of counsel or of a party to comply with . . . any

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order of the Court may be grounds for the imposition by the Court of any and all sanctions . . .

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within the inherent power of the Court.” L.R. 110. The Court has the inherent power to control its

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docket and may, in the exercise of that power, impose sanctions where appropriate, including

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dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000).

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Accordingly, Plaintiff Al Pringle is hereby ORDERED TO SHOW CAUSE in writing

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within twenty-one (21) days of the date of service of this order why sanctions should not be

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imposed against him for his failure to obey a court order and failure to appear at the October 15,
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2020 telephonic status conference. In any response to this Order, Plaintiff shall explain how he

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intends to proceed in this case.

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Failure to respond to this order will result in the imposition of sanctions, including
dismissal of this action for failure to comply with court orders.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 15, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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