Winters, et al v. Jordan, et al

Filing 380

ORDER signed by Magistrate Judge Kendall J. Newman on 9/13/13 ORDERING that for purposes of clarity, all provisions of the court's 9/6/13 order remain in full effect; Failure to timely pay the monetary sanctions imposed by the 9/6/13 order and /or failure to appear in person at the 9/19/13 hearing by any plaintiff(s) will result in a recommendation that all claims of that plaintiff (s) in this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT WINTERS, et al.,

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Plaintiffs,

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No. 2:09-cv-522-JAM-KJN PS

v.

ORDER

DELORES JORDAN, et al.,

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Defendants.

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On September 6, 2013, the court issued an order requiring plaintiffs to each pay $100 in

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monetary sanctions within seven (7) days based on their failure to substantially comply with the

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court’s prior August 9, 2013 order and Local Rule 251. (ECF No. 377.) Plaintiffs were also

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ordered to personally appear at the September 19, 2013 hearing at 10:00 a.m. in Courtroom No.

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25 before the undersigned. (Id.)
Thereafter, plaintiffs filed a “notice of compliance” and “joint statement,”1 which contains

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some discussion as to plaintiffs’ position with respect to the underlying discovery dispute, and

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which the court also construes as a request for reconsideration of the court’s September 6, 2013

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order. (ECF No. 379.)
For purposes of clarity, plaintiffs are hereby notified that all provisions of the court’s prior

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Although plaintiffs’ “joint statement” was filed jointly by all plaintiffs, defendant Nevada
County did not join in that statement.
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September 6, 2013 order remain in effect, including the requirement that all plaintiffs personally

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appear at the September 19, 2013 hearing, and plaintiffs are expected to fully comply with all

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provisions of that order. At the September 19, 2013 hearing, the court will further discuss

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plaintiffs’ “notice of compliance” and “joint statement” with plaintiffs, and determine how their

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arguments should be considered and addressed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. For purposes of clarity, all provisions of the court’s September 6, 2013 order remain in

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full effect.
2. Failure to timely pay the monetary sanctions imposed by the September 6, 2013 order

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and/or failure to appear in person at the September 19, 2013 hearing by any plaintiff(s)

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will result in a recommendation that all claims of that plaintiff(s) in this action be

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dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.

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Dated: September 13, 2013

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