USA v. Howen et al

Filing 65

ORDER DISCHARGING 61 Order to Show Cause, signed by Magistrate Judge Stanley A. Boone on 11/13/2023. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

Case No. 1:21-cv-00106-ADA-SAB
ORDER DISCHARGING ORDER TO SHOW
CAUSE
(ECF Nos. 61, 63, 64)

LAWRENCE A. HOWEN, et al.,
Defendants.

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On July 21, 2023, this matter was settled at a settlement conference, and dispositional

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documents were ordered to be filed withing sixty-five (65) days. (ECF No. 50.) On October 11,

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2023, the Court granted a stipulated request to extend the deadline to file dispositional documents

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by fourteen (14) days, in order to finalize the terms of the agreement, having recently received the

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audio recording of the settlement conference. (ECF Nos. 57, 58.) On October 25, 2023, the

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Court granted the parties’ request for a further ten (10) day extension of time. (ECF Nos. 59, 60.)

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The Court set the deadline for the parties to file the dispositional documents for November 3,

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2023. (ECF No. 60.) On November 6, 2023, the Court issued an order to show cause as neither

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dispositional documents, nor a request for extension, was filed by the deadline. (ECF No. 61.)

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On November 9, 2023, each party responded to the Court’s order to show cause. Counsel

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for Plaintiff represented unforeseen miscommunication inadvertently delayed the filing of the
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dispositional documents. (ECF No. 63 at 2.) Joining Plaintiff’s response to the order to show

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cause in its entirety, Defendants’ counsel clarified there was a miscommunication as to how the

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dispositional documents were being finalized that left both sides believing they were waiting on

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the other to act. (ECF No. 64 at 1.) The parties cite the cooperative nature of the relationship

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between counsel contributed to the oversight, and assert they hold the Court’s deadlines in the

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highest regard. (ECF No. 63 at 2; ECF No. 64 at 2.) On November 7, 2023, the parties took

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corrective actions and filed a stipulation and proposed order for entry of permanent injunction and

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dismissal of claims. (ECF No. 62.) The dispositional documents are currently pending before the

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District Judge. The Court finds good cause to discharge the order to show cause.

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Accordingly, IT IS HEREBY ORDERED that the order to show cause issued on
November 6, 2023, (ECF No. 61), is DISCHARGED

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IT IS SO ORDERED.
Dated:

November 13, 2023
UNITED STATES MAGISTRATE JUDGE

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