Akal Broadcasting Corp, et al. v. Dhillon, et al.

Filing 18

ORDER DISCHARGING ORDER TO SHOW CAUSE; ORDERING PLAINTIFFS TO PAY $150.00 SANCTION; ORDERING PLAINTIFFS FILE DISMISSAL OR STATUS REPORT BY MAY 16, 2024; CONTINUING STATUS CONFERENCE TO JULY 11, 2024, signed by Magistrate Judge Stanley A. Boone on 05/08/2024. IT IS HEREBY ORDERED that the May 2, 2024 order to show cause (ECF No. 16 ) is DISCHARGED. Plaintiffs are ORDERED to pay $150.00 in sanctions via cashier's check to the Clerk of Court. Plaintiffs are ORDERED to file any vo luntary dismissal of Defendants Mohan S. Cheema, Tarnvir S. Bisla, and Jagdeep S. Dhaliwal from this action no later than May 16, 2024. The scheduling conference currently set for May 21, 2024, is continued to July 11, 2024, at 2:00 p.m. in Courtroom 9. The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. (Nguyen, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 AKAL BROADCASTING CORP., et al. 11 12 13 14 Plaintiffs, v. SUKHDEV SINGH DHILLON, et al., Defendants. Case No. 1:24-cv-00029-JLT-SAB ORDER DISCHARGING ORDER TO SHOW CAUSE; ORDERING PLAINTIFFS TO PAY $150.00 SANCTION; ORDERING PLAINTIFFS FILE DISMISSAL OR STATUS REPORT BY MAY 16, 2024; CONTINUING STATUS CONFERENCE TO JULY 11, 2024 (ECF No. 13, 16, 17) 15 MAY 16, 2024 DEADLINE 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs initiated this action on January 5, 2024 against Defendants Sukhdev Singh Dhillon, Mohan S. Cheema, Tarnvir S. Bisla, Jagdeep S. Dhaliwal, Baaz Broadcasting Corp., Radio Punjab, Inc., Amar Broadcasting Inc., TEG Broadcasting Inc., and Radio Spice USA Inc. (ECF No. 1.) Plaintiffs failed to file proof of service on any Defendants. The mandatory scheduling conference was initially set for April 23, 2024, and a joint scheduling report was due on April 16, 2024. (ECF No. 4.) No joint scheduling report was filed by April 16, 2024. Without a joint scheduling report, the Court issued an order on April 18, 2024 continuing the scheduling conference to May 21, 2024 and requiring that Plaintiffs file a status report no later than April 23, 2024 addressing the status of this action. (ECF No. 12.) Plaintiffs failed to file the status report by April 23, 2024. On April 24, 2024, the Court ordered Plaintiffs to show cause in writing why sanctions should not be imposed for failure to file a status report as required by the Court’s April 18, 2024 1 1 order. (ECF No. 13.) Plaintiffs failed to file a response to the order to show cause by April 30, 2 2024. Because Plaintiffs failed to comply with the Court’s order, the Court imposed monetary 3 sanctions in the amount of $50.00 per day, beginning on May 3, 2024. (ECF No. 16.) 4 On May 6, 2024, Plaintiffs filed a status report. (ECF No. 17.) Therein, Plaintiffs state 5 they intend to dismiss Defendants Mohan S. Cheema, Tarnvir S. Bisla, and Jagdeep S. Dhaliwal 6 without prejudice, but fail to provide a date when such dismissal will be filed. (Id. at 2.) The 7 Court shall order that Plaintiffs file any dismissal no later than May 16, 2024, or, if Plaintiffs’ 8 intent changes, file a status report addressing service or the need for entry of default. 9 Counsel for Plaintiffs filed a declaration in support of the status report acknowledging he 10 has no good excuse for his failure to respond to the Court’s orders. (Id. at 3.) However, due to 11 personal issues, Plaintiff will be unavailable until June 1, 20241 and requests that the Court 12 continue the scheduling conference currently set for April 21, 2024. (Id. at 4.) The Court shall 13 discharge the order to show cause (ECF No. 13) and continue the scheduling conference to July 14 11, 2024. Plaintiffs are ordered to pay $150.00 in sanctions via cashier’s check to the Clerk of Court 15 16 for their failure to file a status report for three days, until May 6, 2024. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 1 27 28 The Court reminds the parties that any requests for extensions of time to respond to a counterclaim that are brought on the required filing date for the pleading “are looked upon with disfavor.” L.R. 144(d) (“The parties are ordered to obtain any necessary extensions from the Court or from other counsel or parties in an action as soon as the need for an extension becomes apparent.”) 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The May 2, 2024 order to show cause (ECF No. 16) is DISCHARGED; 3 2. Plaintiffs are ORDERED to pay $150.00 in sanctions via cashier’s check to the 4 Clerk of Court; 5 3. Plaintiffs are ORDERED to file any voluntary dismissal of Defendants Mohan S. 6 Cheema, Tarnvir S. Bisla, and Jagdeep S. Dhaliwal from this action no later than 7 May 16, 2024; 8 4. 9 The scheduling conference currently set for May 21, 2024, is continued to July 11, 2024, at 2:00 p.m. in Courtroom 9; and 10 5. 11 The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. 12 13 14 IT IS SO ORDERED. Dated: May 8, 2024 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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