Heilman v. Vokufka et al

Filing 103

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 10/17/12 ORDERING that Defendant shall, within 21 days of the date this order is filed, show cause in writing why sanctions should not be imposed for failure to comply with the courts July 10, 2012 order. Defendant shall also, within 21 days of the date this order is filed, file a pretrial statement as required by the courts July 10, 2012 order.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS JOHN HEILMAN,
Plaintiff,

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vs.

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No. 2:08-cv-2788 KJM EFB P

VOJKULFKA, et al.,
Defendants.

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ORDER TO SHOW CAUSE
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Plaintiff is a state prisoner proceeding through counsel in an action brought under 42

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U.S.C. § 1983. On July 10, 2012, the court ordered defendant to file a pretrial statement not later

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than thirty days after the filing of plaintiff’s pretrial statement. Dckt. No. 96. On August 13,

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2012, plaintiff filed his pretrial statement. Dckt. No. 102. More than thirty days have passed

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and defendant has not filed a pretrial statement, requested a settlement conference, or otherwise

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respond to the court’s July 10, 2012 order. Accordingly, defendant is ordered to show cause

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why sanctions should not be imposed for his failure to follow court orders. E.D. Cal. L.R. 110

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(“Failure of counsel or of a party to comply with these Rules or with any order of the Court may

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be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant shall, within 21 days of the date this order is filed, show cause in writing

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why sanctions should not be imposed for failure to comply with the court’s July 10, 2012 order.
2. Defendant shall also, within 21 days of the date this order is filed, file a pretrial

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statement as required by the court’s July 10, 2012 order.

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DATED: October 17, 2012.

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