Juarez v. Lowe's Home Centers, LLC

Filing 34

ORDER DISCHARGING 32 the Order to Show Cause to the DEFENSE Only; ORDER to PLAINTIFF to SHOW CAUSE Why the Action Should Not Be Dismissed with Prejudice for Failing to Comply with the Court's Orders, signed by Magistrate Judge Jennifer L. Thurston on 10/13/2020. Show Cause Response due by 10/19/2020. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADOLFO JUAREZ,

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Plaintiff,

ORDER DISCHARGING THE ORDER TO SHOW
CAUSE TO THE DEFENSE ONLY

LOWE HOME CENTERS, LLC, et al.,

ORDER TO PLAINTIFF TO SHOW CAUSE WHY
THE ACTION SHOULD NOT BE DISMISSED
WITH PREJUDICE FOR FAILING TO COMPLY
WITH THE COURT’S ORDERS

v.

Defendants.

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Case No.: 1:19-cv-0801- DAD - JLT

The parties reported they had settled the case. (Doc. 30) Consequently, the Court ordered
the matter to be dismissed no later than September 25, 2020. (Doc. 31) When that failed to occur,
on September 28, the Court ordered the parties to show cause why sanctions should not be
imposed for their failure to comply with the Court’s orders (Doc. 32).
The defense has filed a response and detailed how counsel repeated contacted the attorney
for the plaintiff for information about the MediCal lien so it could be resolved as a part of the
settlement. (Doc. 33) According to the defense, despite calling Mr. Johnson three times and
emailing the draft settlement agreement three times, Mr. Johnson has not provided the MediCal
lien information or responded in any fashion. Consequently, the Court DISCHARGES the order to
show cause as to the defense.
However, because the plaintiff has failed to respond, he gives the Court no choice but to
recommend the action be dismissed with prejudice. Before doing so, the Court will provide the
plaintiff one, final opportunity to explain why that should not occur. Either the plaintiff will

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respond with a declaration of counsel, offering specific supporting evidence, explaining why he

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has failed to dismiss this action, or the Court will recommend that it be dismissed. Thus, the Court

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ORDERS:

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No later than October 19, 2020, the plaintiff SHALL respond to the Court’s order

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to show cause (Doc. 31). The response SHALL be in the form of a sworn declaration and it

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SHALL be supported by admissible evidence supporting they explanations set forth in a

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declaration explaining the situation. Alternatively, the plaintiff may file a stipulation seeking

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dismissal of the action no later than October 19, 2020.

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The plaintiff is advised that if he fails to comply, on October 20, 2020, the Court will
recommend that the action be dismissed with prejudice.

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IT IS SO ORDERED.
Dated:

October 13, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE