McMurray v. County of Sacramento et al

Filing 9

OSC AND ORDER SETTING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 1/14/10 ORDERING that Plaintiff and her lawyer are Ordered to Show Cause ("OSC") by 4:00 p.m. on 1/22/10. The hrg on this OSC will be held on 3/1/10, at 9:00 a.m., at the same time as the hearing on the first OSC issued to Plaintiff, which is reset to that date and time. Since no status report was filed the 1/19/10 status conference is also reset to 3/1/10, commencing at 9:00 a.m. In accordance with the requirements set forth in the 8/13/09 Initial Scheduling Order ("August 13 Order"), a joint status report shall be filed no later than 14 days prior to the status conference since review of the docket reveals the Defendants have filed an answer. Lastly, the Doe defendants are dismissed since timely justification has not been filed warranting Doe defendant allegations remaining in this case. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiff and her lawyer were issued an Order to Show Cause 15 on November 25, 2009 ("November 25 OSC"), which required them to 16 explain why sanctions should not be imposed for Plaintiff's failure to 17 file a timely status report. 18 the status conference was rescheduled to January 19, 2010, and 19 Plaintiff was required to file a status report no later than fourteen 20 days prior to the January 19 status conference. 21 Plaintiff's counsel responded to the November 25 OSC, and 22 indicated in that response that a hearing was requested on the OSC. 23 However, Plaintiff failed to file a status report as required by the 24 November 25 OSC. 25 again, Plaintiff and her lawyer are Ordered to Show Cause ("OSC") in a 26 27 28 The caption has been amended according to the Dismissal of Doe Defendants portion of this Order. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

VALETTA MCMURRAY, Plaintiff, v. COUNTY OF SACRAMENTO, SHERIFF JOHN MCGUINESS; DEPUTY SHERRIFFS JAVIER BUSTAMANTE, V. CANDIDO, L. CULP, Defendants.1

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2:09-cv-02245-GEB-EFB OSC AND ORDER SETTING STATUS CONFERENCE

Since no timely status report was filed,

Since Plaintiff failed to file a status report

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writing to be filed no later than 4:00 p.m. on January 22, 2010, why sanctions should not be imposed against her and/or her counsel under Rule 16(f) of the Federal Rules of Civil Procedure for that failure. The hearing on this OSC will be held on March 1, 2010, at 9:00 a.m., at the same time as the hearing on the first OSC issued to Plaintiff, which is rescheduled to that date and time. Since no

status report was filed the January 19, 2010 status conference is also rescheduled to March 1, 2010, commencing at 9:00 a.m. In accordance

with the requirements set forth in the August 13, 2009 Initial Scheduling Order ("August 13 Order"), a joint status report shall be filed no later than fourteen days prior to the status conference since review of the docket reveals the Defendants have filed an answer. Lastly, the Doe defendants are dismissed since timely justification has not been filed warranting Doe defendant allegations remaining in this case. See August 13 Order, at 2 n.2 (indicating

that if justification for "Doe" defendant allegations not provided Doe defendants would be dismissed). IT IS SO ORDERED. Dated: January 14, 2010

GARLAND E. BURRELL, JR. United States District Judge

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