Schrubb, Jr. v. Veros Credit, LLC

Filing 12

ORDER REQUIRING PARTIES TO FILE STATUS REPORT ON STATUS OF ARBITRATION signed by Magistrate Judge Stanley A. Boone on 11/18/2021. IT IS HEREBY ORDERED that: The parties shall file a status report within three (3) days of the date of entry of this order. A status report on the arbitration shall be filed every one hundred eight (180) days thereafter or within fourteen (14) days of the completion of arbitration, whichever occurs first. The parties are advised that the failure to comply with this order may result in the issuance of sanctions, up to and including dismissal of this action for failure to comply. (Gonzales, V)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN SCHRUBB, JR.,
Plaintiff,

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Case No. 1:20-cv-01376-NONE-SAB
ORDER REQUIRING PARTIES TO FILE
STATUS REPORT ON STATUS OF
ARBITRATION

v.
VEROS CREDIT, LLC,

THREE-DAY DEADLINE

Defendant.

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Plaintiff Kevin Schrubb, Jr. initiated this action against Defendant Veros Credit, LLC on

17 September 30, 2020. (ECF No. 1.) On November 16, 2020, the Court stayed this matter to allow
18 the parties to participate in arbitration. (ECF No. 7.) The parties were directed to file either a
19 status report as to the status of arbitration every one hundred eighty (180) days or a notice that
20 arbitration has been completed within fourteen (14) days of completion of arbitration, whichever
21 occurred sooner. (Id.)
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On May 18, 2021, the Court issued an order requiring the parties to file a status report on

23 arbitration or face sanctions for the failure to comply with the Court’s November 16, 2020 order.
24 (ECF No. 9.) The Court also again ordered the parties to submit a status report every one hundred
25 eighty (180) days or within fourteen (14) days of completion of arbitration, whichever occurs
26 first. (Id.) On May 21, 2021, the parties filed a joint status report indicating they were engaged
27 in settlement discussions and an arbitrator was not yet appointed. (ECF No. 10.) More than 180
28 days have passed since the parties’ May 21, 2021 status report but the parties have not filed a

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1 new status report in compliance with the November 16, 2020 and May 18, 2021 orders. The fact
2 that this is the second instance in which the parties have failed to timely comply with the Court’s
3 orders is not well-taken.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The parties shall file a status report within three (3) days of the date of entry of
this order;

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2.

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A status report on the arbitration shall be filed every one hundred eight (180)

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days thereafter or within fourteen (14) days of the completion of arbitration,

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whichever occurs first; and
3.

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The parties are advised that the failure to comply with this order may result in the

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issuance of sanctions, up to and including dismissal of this action for failure to

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comply.

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IT IS SO ORDERED.

15 Dated:

November 18, 2021
UNITED STATES MAGISTRATE JUDGE

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