Lindsay v. Fryson, et al

Filing 54

ORDER signed by Magistrate Judge Kendall J. Newman on 11/19/2012 ORDERING 52 Order to Show Cause is hereby DISCHARGED. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LINDSAY,

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Plaintiff,

No. 2:10-cv-2842 LKK KJN PS

v.
YOLANDA FRYSON et al.,

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Defendants.

ORDER
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On October 25, 2012, this case was before the undersigned for a status (pretrial

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scheduling) conference.1 Although plaintiff participated in the drafting and filing of a joint status

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report for the status conference, plaintiff failed to appear at the status conference. Consequently,

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on October 29, 2012, the court issued an order requiring plaintiff to show cause in writing why

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sanctions should not be imposed for his failure to appear at the status conference. (Dkt. No. 52.)

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On November 15, 2012, plaintiff filed a response to the order to show cause.

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(Dkt. No. 53.) In that response, plaintiff apologized for his failure to appear, which he indicated

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was in large part due to a substantial increase in his workload and work-related travel, which in

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turn caused him to overlook the court date. Plaintiff asserts that he has now taken steps to better

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This action proceeds before the undersigned pursuant to E.D. Cal. L.R. 302(c)(21) and 28
U.S.C. § 636(b)(1).
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organize his schedule, appointments, and deadlines. (Id.)

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In light of this showing, the court finds it appropriate to discharge the order to

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show cause. However, plaintiff is cautioned that any future failure to attend court hearings or

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conferences, or failure to otherwise comply with the Local Rules, the Federal Rules of Civil

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Procedure, and the court’s orders, will result in the imposition of appropriate sanctions, including

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a potential recommendation that the action be dismissed with prejudice under Rule 41(b) of the

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Federal Rules of Civil Procedure for failure to prosecute the case and/or failure to comply with

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procedural rules and court orders.

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Accordingly, IT IS HEREBY ORDERED that the order to show cause directed to

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plaintiff (dkt. no. 52) is DISCHARGED.

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DATED: November 19, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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