Johnson v. Cairns et al

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 04/21/11 ORDERING that the 18 Order to Show Cause is DISCHARGED. (Benson, 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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SCOTT N. JOHNSON ,

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Plaintiff,

2:10-cv-02280-JAM-KJN PS

v.
KEVIN M. CAIRNS, INDIVIDUALLY AND
D /B /A DANTE ’S ON THE RIVER ;
NANCY C. CAIRNS, INDIVIDUALLY AND
D /B /A DANTE ’S ON THE RIVER ,

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Defendants.

ORDER

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On February 24, 2011, this case came before the undersigned for a status (pretrial

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scheduling) conference. (Dkt. No. 15.)1 Prior to that status conference, plaintiff Scott N.

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Johnson filed a status report on his own behalf. (Dkt. No. 16.) Defendants Kevin and Nancy

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Cairns (the “defendants”), proceeding without counsel in this action, neither filed a status report

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nor appeared at the status conference and accordingly, the undersigned issued an Order to Show

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Cause on February 24, 2011. (Dkt. No. 18.)

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1), and was referred to the undersigned by an
order entered February 16, 2011. (Dkt. Nos. 13-14.)
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On March 16, 2011, the defendants filed a timely response to the Order to Show

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Cause. (Dkt. No. 20.) Therein, defendants apologized for their failure to attend the status

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conference. They revealed a misunderstanding that the action was “over” because their bank

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teller had informed them that Mr. Johnson was not allowed to proceed with further lawsuits.

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(Id.) This explains, but does not excuse, defendants’ failure to appear at the status conference. It

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neither explains nor excuses defendants’ prior failure to file a status report.

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Defendants may not rely on passing suggestions by their acquaintances indicating

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that defendants might lack the obligation to fully defend themselves in the pending action. To

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the contrary, defendants are obligated to comply with the Federal Rules of Civil Procedure and

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the Eastern District Local Rules until the court informs them otherwise. Even though they are

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not represented by an attorney, defendants are obligated to fully comply with the Federal Rules of

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Civil Procedure and the Eastern District Local Rules. See Local Rule 110 (“Failure of counsel or

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of a party to comply with these Rules or with any order of the Court may be grounds for

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

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inherent power of the Court.”); Local Rule 183(a) (“Any individual representing himself or

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herself without an attorney is bound by the Federal Rules of Civil or Criminal Procedure, these

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Rules, and all other applicable law.”); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (“Pro se

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litigants must follow the same rules of procedure that govern other litigants.”).

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Notwithstanding the foregoing, because defendants are proceeding without

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counsel and may not have fully understood their obligations as defendants in this action, the

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undersigned discharges the Order to Show Cause and will not sanction defendants at this time.

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However, their future failure to abide by the Federal Rules of Civil Procedure and the Eastern

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District Local Rules may subject defendants to sanctions, including possibly entry of default

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judgment against them. See e.g., Thompson v. Housing Auth. of City of L.A., 782 F.2d 829, 831

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(9th Cir. 1986) (per curiam) (“District courts have inherent power to control their dockets. In the

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exercise of that power they may impose sanctions including, where appropriate, default or

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dismissal.”).

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For the reasons stated above, IT IS HEREBY ORDERED that:

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IT IS SO ORDERED.

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The Order to Show Cause (Dkt. No. 18) is discharged.

DATED: April 21, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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