Schaupp et al v. County of Stanislaus et al
Filing
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ORDER to SHOW CAUSE why the claims of Plaintiffs Carolyn Schaupp, S.R., L.S., D.S. and P.I. should not be dismissed for failure to comply with a court order and failure to prosecute signed by Magistrate Judge Barbara A. McAuliffe on 10/13/2020. Show Cause Response due within 14-Days. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CAROLYN SCHAUPP, et al.,
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Plaintiffs,
v.
COUNTY OF STANISLAUS, et al.,
Case No. 1:20-cv-01221-DAD-BAM
ORDER TO SHOW CAUSE WHY THE
CLAIMS OF PLAINTIFFS CAROLYN
SCHAUPP, SR., L.S., D.S., AND P.I.
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH A COURT
ORDER AND FAILURE TO PROSECUTE
Defendants.
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FOURTEEN (14) DAY DEADLINE
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This action was filed on August 28, 2020, asserting violations of 42 U.S.C. §§ 1983, 1984,
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18 U.S.C. § 242, and various state law claims against Defendants County of Stanislaus, County of
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Stanislaus Child Protective Services, Office of the District Attorney of Stanislaus County, Birgit
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Fladager, Cristina Magana, City of Modesto, Modesto Police Department, Galen Carroll, Clinton
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Armstrong, Kyle Johnson, Kathryn Harwell, Edwardo Cortez, Gary Boyd, Kim Mallock, Sandra
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Lucas, Kimberly Underwood, Matthew Mercado, Frank Sousa, Edward Izzo, and Does 1-20.
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(Doc. No. 1.) According to the complaint, the action is brought by Plaintiffs Carolyn Schaupp,
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Carolyn Schaupp, Sr., L.S., a minor, D.S., a minor, and P.I., a minor, proceeding pro se. (Id.)
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On September 3, 2020, the Court issued an order directing Plaintiff Carolyn Schaupp, Sr.
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to respond in writing confirming her name, address, and telephone number pursuant to Local Rule
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131(a). (Doc. No. 7.) The Court’s order further advised Plaintiffs that a parent or guardian cannot
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bring an action on behalf of a minor child without retaining counsel. (Id.) Therefore, minors L.S.,
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D.S., and P.I. must be represented by retained counsel if this action is to proceed on their behalf.
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(Id.) Plaintiffs were warned that failure to comply with the Court’s order would result in a
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recommendation that this action be dismissed for failure to comply with court orders and/or
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failure to prosecute. (Id.) To date, Carolyn Schaupp, Sr. has not confirmed her name, address, and
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telephone number in writing pursuant to Local Rule 131(a) or otherwise responded to the Court’s
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order. Furthermore, minors L.S., D.S., and P.I. improperly remain “represented” by Carolyn
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Schaupp appearing pro se and counsel has not appeared on their behalf.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules
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or with any order of the Court may be grounds for imposition by the Court of any and all
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sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
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control its docket and may impose sanctions where appropriate, including dismissal of the action.
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Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000).
Accordingly, Plaintiffs are HEREBY ORDERED to SHOW CAUSE why the claims of
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Plaintiffs Carolyn Schaupp, Sr., and minors L.S., D.S., and P.I. should not be dismissed for
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failure to obey court orders and failure to prosecute and because Plaintiff Carolyn Schaupp has no
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authority to appear on behalf of minors L.S., D.S., and P.I. Plaintiffs shall file a written response
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to this order to show cause within fourteen (14) days of service of this order. Plaintiffs may also
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comply with this order by filing written confirmation of Carolyn Schaupp, Sr.’s name, address,
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and telephone number pursuant to Local Rule 131(a) and by entering an appropriate appearance
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of counsel on behalf of minors L.S., D.S., and P.I.
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Failure to comply with this order will result in a recommendation that this action be
dismissed.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
October 13, 2020
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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