Bel Montez, et al., v. City of Stockton et al

Filing 47

ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 6/16/2016 ORDERING the hearing on Defendants' 40 , 41 motions to compel and for Sanctions 42 , 44 , 45 , 46 is CONTINUED to 6/29/2016 at 10:00 AM in Courtroom 8 (EFB) be fore Magistrate Judge Edmund F. Brennan; Plaintiffs Isabel Bel Montez, I.G. and J.G. shall Show Cause in writing not later than 6/22/2016, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition on defendants' motions; plaintiff shall file an opposition to the motions, or a statement of non-opposition by 6/22/2016; and Defendants reply to plaintiff's opposition, if any, by 6/24/2016.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISABEL BEL MONTEZ, et al.,

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No. 2:10-cv-3149-MCE-EFB

Plaintiffs,
v.

ORDER TO SHOW CAUSE

CITY OF STOCKTON, a municipal
corporation, et al.,
Defendants.

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On May 25, 2016, defendants moved to compel plaintiffs Isabel Bel Montez, minor I.G.,

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and minor J.G. (“plaintiffs”) to provide responses to outstanding discovery requests and for

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sanctions based on plaintiffs’ failure to comply with the court’s February 16, 2016 order, which

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directed plaintiffs to provide responses to other discovery requests. ECF Nos. 40, 41, 42, 44, 45,

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46. Defendants noticed the motions for hearing on June 22, 2016. Id. Pursuant to Local Rule

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251(e), plaintiffs were required to file an opposition to the motions not later than seven days

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before the hearing or, in this instance, by June 15, 2016.

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The deadline has passed and plaintiffs have failed to file any response to defendants’

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motions. Local Rule 110 provides that failure to comply with the Local Rules “may be grounds

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for 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.” 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.”).
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Accordingly, good cause appearing, it is hereby ORDERED that:

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1. The hearing on defendants’ motions to compel (ECF No. 40, 41) and for sanctions

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(ECF Nos. 42, 44, 45, 46) is continued to June 29, 2016 at 10:00 a.m. in Courtroom No. 8.

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2. Plaintiffs Isabel Bel Montez, I.G., and J.G. shall show cause, in writing, no later than

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June 22, 2016, why sanctions should not be imposed for failure to timely file an opposition or a

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statement of non-opposition to defendants’ motions.

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3. Plaintiff shall file an opposition to the motions, or a statement of non-opposition
thereto, no later than June 22, 2016.

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4. Failure to file an opposition to the motions will be deemed a statement of non-

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opposition thereto, and may result in the granting of defendants’ motions and/or a

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recommendation that this action be dismissed for failure to prosecute.

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5. Defendants may file a reply to plaintiff’s opposition, if any, on or before June 24,

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2016.

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DATED: June 16, 2016.

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