Harvey v. City of South Lake Tahoe et al

Filing 109

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 4/9/14 ORDERING that Plaintiff shall show cause, in writing, on or before 4/23/2014, why sanctions should not be imposed for his failure to appear at the 4/9/14. Failure to comply with this order may result in a recommendation that this action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL THOMAS HARVEY,

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No. 2:10-cv-1653-KJM-EFB PS

Plaintiff,
v.

ORDER TO SHOW CAUSE

ANDREW EISSINGER, CHARGLES
DUKE, SHANNON LANEY, and JAKE
HERMINGHAUS,
Defendants.

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On November 27, 2013, the remaining defendants filed a motion to dismiss plaintiff’s

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fifth amended complaint for failure to state a claim. ECF No. 97. The hearing was originally

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noticed for January 8, 2014, but was subsequently continued to April 9, 2014. See ECF Nos. 99,

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100, 103. At the April 9 hearing, attorney Thomas Watson appeared on behalf of defendants;

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plaintiff failed to appear.

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Local Rule 230(i) provides that “[a]bsent notice of intent to submit the matter on the

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briefs, failure to appear [at the hearing] may be deemed withdrawal of the motion or of opposition

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to the motion, in the discretion of the Court, or may result in the imposition of sanctions.” Failure

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to comply with the court’s Local Rules or the orders of this court “may be grounds for imposition

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by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” E.D. Cal. L.R. 110; see also Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995)
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(“Failure to follow a district court’s local rules is a proper ground for dismissal.”). Therefore,

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plaintiff is ordered to show cause why sanctions should not be imposed for his failure to appear at

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the April 9, 2014 hearing on defendants’ motion to dismiss.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff shall show cause, in writing, on or before April 23, 2014, why sanctions

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should not be imposed for his failure to appear at the April 9, 2014 hearing.
2. Failure to comply with this order may result in a recommendation that this action be
dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).
DATED: April 9, 2014.

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