Gilmore et al v. Union Pacific Railroad Company, et al.,

Filing 497

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/15/12 ORDERING defendant to SHOW CAUSE in writing why to date it has failed to comply with the undersigned's 495 Order and why it should not be sanctioned for failing to ti mely comply with that order. In the alternative, if defendant files the requisite dismissal documents and fully complies with the undersigned's 495 Order within 7 days of entry of this order, such compliance will effectuate the discharge of this order to show cause. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMY GILMORE, et al.,
Plaintiffs,

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No. 2:09-cv-02180-KJM-DAD

vs.
UNION PACIFIC RAILROAD
COMPANY,

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Defendant.

ORDER TO SHOW CAUSE

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/
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On October 29, 2012, the undersigned entered an order denying defendant Union

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Pacific’s (“defendant”) “Motion For Enforcement Of Terms Of The Settlement.” (Order, Dkt.

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No. 495.) That order provided, in pertinent part, that “[g]iven that the settlement has funded and

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that plaintiffs have signed the Settlement Agreement dismissing this case and releasing claims

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against defendant, defendant is ordered to sign the dismissal documents so that this case may be

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closed.” (Id. at 4.)

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To date, defendant has apparently not complied with the undersigned’s order, as

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this case has not yet been closed. Accordingly, within seven days of entry of this order,

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defendant is ordered to show cause in writing why to date it has failed to comply with the

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undersigned’s order at Docket Number 495 and why it should not be sanctioned for failing to
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timely comply with that order.1 In the alternative, if defendant files the requisite dismissal

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documents and fully complies with the undersigned’s order at Docket Number 495 within seven

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days of entry of this order, such compliance will effectuate the discharge of this order to show

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cause.

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IT IS SO ORDERED.
DATED: November 15, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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Eastern District Local Rule 110 provides that “[f]ailure of counsel or of a party to
comply with these Rules or with any order of the Court may be grounds for imposition by the
Court of any and all sanctions authorized by statute or Rule or within the inherent power of the
Court.”
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