Berg v. Kazalec et al

Filing 57

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/7/2012 ORDERING that counsel for defendants and counsel for plaintiff are to Show Cause, separately and in writing, within 14 days, why counsel did not timely respond to the court& #039;s 1/23/2012 order; if the Sacramento County Board of Supervisors has approved the proposed settlement terms, counsel for all parties shall also file a stipulated request for dismissal; alternatively, counsel may file a stipulated request for an extension of time. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID JOHN BERG,
Plaintiff,

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vs.

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No. 2:09-cv-1492 MCE KJN P

KAZALEC, et al.,

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Defendants.

ORDER TO SHOW CAUSE
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Plaintiff pursues this prisoner civil rights action with appointed counsel;

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defendants are also represented by private counsel. On January 19, 2012, counsel for defendants

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filed a Notice Of Settlement, pending approval of the settlement terms by the Sacramento County

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Board of Supervisors. (Dkt. No. 55.) In response, on January 23, 2012, this court directed the

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parties to file, within twenty-one days, a stipulated request for dismissal of this action, or a

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stipulated proposed order providing for an extension of time. (Dkt. No. 56.)

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The twenty-one day deadline has passed, but neither defendants’ counsel nor

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plaintiff’s counsel has further communicated with the court. It is the responsibility of counsel to

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comply with all court deadlines, and timely inform the court of any material changes in a pending

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case. Failure to comply with an order of this court may be grounds for sanctions. See Local Rule

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110 (“[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court
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may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule

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or within the inherent power of the Court”); see also Local Rule 160(b) (“failure to file

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dispositional papers on the date prescribed by the Court may be grounds for sanctions”).

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Therefore, counsel for defendants and counsel for plaintiff are hereby directed to

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show cause, separately and in writing, within fourteen days after the filing date of this order, why

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counsel did not timely respond to the court’s January 23, 2012 order. If the Sacramento County

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Board of Supervisors has approved the proposed settlement terms, counsel for all parties shall

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also file a stipulated request for dismissal; alternatively, counsel may file a stipulated request for

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an extension of time.

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SO ORDERED.
DATED: March 7, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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berg1492.ntc.of.sett.2

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