Escobedo v. Sonouvong et al

Filing 18

ORDER REQUIRING PLAINTIFF TO FILE RESPONSE TO JANUARY 21, 2025 ORDER TO SHOW CAUSE, signed by Magistrate Judge Stanley A. Boone on 01/29/2025. The January 21, 2025 order to show cause REMAINS IN EFFECT. Defendants shall have through January 30, 2 025, to file a response that must address: 1) Why Defendants missed their deadline to file an answer and/or why default should not be entered; and 2) Why Defendants did not timely file a response to the January 21, 2025 order to show cause. The C ourt admonishes Defendants that failure to file a timely response to this order will automatically result in monetary sanctions, potentially including daily sanctions imposed against Defendants and Defendants' counsel, who will be jointly and severally obligated to the monetary sanction. Failure to comply with this order may also result in a recommendation of dismissal of this action. (Deputy Clerk JN)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ESCOBEDO,
Plaintiff,

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Case No. 1:24-cv-00932-KES-SAB
ORDER REQUIRING PLAINTIFF TO FILE
RESPONSE TO JANUARY 21, 2025
ORDER TO SHOW CAUSE

v.
DANNY SONOUVONG, d/b/a AC Deli, et
al.,

(ECF No. 16)
JANUARY 31, 2025 DEADLINE

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Defendants.
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On January 21, 2025, the Court issued an order to show cause directing Defendants to file

18 a response in writing why sanctions should not issue for failure to timely file an answer or
19 responsive pleading. (ECF No. 16.) In addition, the Court allowed Defendants an extension to
20 file an answer. (Id.) However, the Court was explicit that “Defendants are advised that filing a
21 responsive pleading without showing cause in writing why sanctions should not issue is an
22 insufficient response to this order.”

(Id.) (emphasis in original).

On January 28, 2025,

23 Defendants filed an answer but no response to the order to show cause. The deadline to file a
24 response has now passed.
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Defendants’ failure to respond to a court order is unacceptable and potential grounds for

26 sanctions, including dismissal of this action. Fed. R. Civ. P. 41(b). Should Defendants continue
27 to litigate in this district, the Court advises them to comply with all future court orders, including
28 this one.

Notwithstanding, the Court still requires a response from Defendants. Accordingly, the

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2 January 21, 2025 order to show cause REMAINS IN EFFECT.
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Defendants shall have through January 30, 2025, to file a response that must address:

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1) Why Defendants missed their deadline to file an answer and/or why default should
not be entered; and

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2) Why Defendants did not timely file a response to the January 21, 2025 order to show

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cause.

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The Court admonishes Defendants that failure to file a timely response to this order

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9 will automatically result in monetary sanctions, potentially including daily sanctions
10 imposed against Defendants and Defendants’ counsel, who will be jointly and severally
11 obligated to the monetary sanction. Failure to comply with this order may also result in a
12 recommendation of dismissal of this action.
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IT IS SO ORDERED.

15 Dated:

January 29, 2025
STANLEY A. BOONE
United States Magistrate Judge

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