Bobo v. City of Stockton et al

Filing 30

ORDER to SHOW CAUSE signed by Judge William B. Shubb on 4/4/2011: IT IS ORDERED that, within three days of the date of this Order, plaintiff shall file a brief showing cause why this action should not be dismissed for failure to prosecute. Plaintiff is admonished that failure to comply with this Order may result in dismissal of his First Amended Complaint with prejudice. (See document for further details.) (Kirksey Smith, K)

Bobo v. City of Stockton et al

Doc. 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Defendants. 19 20 ----oo0oo---21 22 23 24 25 26 27 28 Trial in this matter is set for April 12, 2011, at 9:00 a.m. in Courtroom No. 5. In its Final Pretrial Order dated / v. JON SCOFIELD, SHAWN MORIN, BRADLEY BURRELL, RICHARD BUCKLEY, individually and in their official capacity as police officers, and Does 1 through 20, DEREK BOBO, Plaintiff, ORDER TO SHOW CAUSE NO. CIV. 2:09-0753 WBS KJN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

October 5, 2010 (Docket No. 29), the court set several dates by which the parties should file pretrial materials. In particular,

the Order provided that: (1) the parties shall file a statement designating answers to interrogatories and portions of depositions intended to be offered or read into evidence no later 1

Dockets.Justia.com

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than twenty calendar days before the trial date (Final Pretrial Order at 8:6-11); (2) the parties shall submit proposed jury voir dire questions and trial briefs pursuant to Local Rule 285 (including any motions in limine) no later than fourteen days before the trial date (id. at 4:5-7, 9-11); (3) plaintiff shall lodge and serve copies of all requested jury instructions and a proposed form of verdict no later than ten court days before the trial date (id. at 2:26-3:3); and (4) the parties may file counter-designations of other portions of the depositions intended to be offered or read into evidence and may file evidentiary objections to another party's designation (id. at 8:11-15). The dates for each of these requirements to be accomplished have passed, and the parties have failed to submit any of the required items or inform the court of any reason for their noncompliance. A plaintiff's failure to prosecute or

comply with the Federal Rules of Civil Procedure or a court order constitutes grounds for dismissal of an action. 41(b); see also Cir. 2002). Fed. R. Civ. P.

Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th

The court will not summons a jury or expend the

additional resources necessary to ready this matter for trial if plaintiff does not intend to try his case. IT IS THEREFORE ORDERED that, within three days of the date of this Order, plaintiff shall file a brief showing cause why this action should not be dismissed for failure to prosecute. Plaintiff is admonished that failure to comply with this Order may result in dismissal of his First Amended Complaint with prejudice. 2

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DATED:

April 4, 2011

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