Johnson v. McCulley et al
ORDER signed by Judge Kimberly J. Mueller on 9/19/2013 DENYING 41 Request for Extension of Time. Plaintiff is ORDERED to SHOW CAUSE, within 7 days of the entry of this order, why this matter should not be dismissed with prejudice for his failure to comply with Local Rule 160, see rule 110, and for failure to prosecute. Plaintiff is DIRECTED to serve a copy of this order on defendants PROMPTLY and file a proof of service with the court. (Donati, J)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SCOTT N. JOHNSON,
Civ. No. S-11-2215 KJM EFB
KRITAEN McCULLEY, et al.,
On June 27, 2013, the parties notified the court that this case had settled and that
dispositional documents would be filed within thirty days. ECF No. 37. On July 1, 2013, the
magistrate judge issued an order vacating the remaining dates in this case and directing the parties
to file dispositional documents no later than thirty days from the date of the order. ECF No. 38.
The magistrate judge cautioned that failure to comply with the order may be grounds for the
imposition of sanctions. Id.
On August 1, 2013, plaintiff filed a request for an additional thirty days, saying
only that “Plaintiff and Defendants are in the process of finalizing a settlement agreement and
require longer than the thirty day grace period.” ECF No. 39 at 1. The court granted the request
on August 2, 2013.
On September 6, 2013, plaintiff filed an untimely request for additional time,
saying that “Plaintiff has provided Defendants with a settlement agreement; however, Defendants
require additional time to review the terms of the agreement.” ECF No. 41 at 1. Plaintiff did not
file a proof of service on the defendants, who are appearing in pro per, and there is nothing on the
docket suggesting that they have received notice of this request or of the previous requests.
Under Local Rule 160(b), the court may extend the period for filing dispositional
documents “on good cause shown.” It appears from the latest request that plaintiff has only
recently sent a settlement agreement to defendants, yet he fails to explain why he did not act
within the previous sixty days.
IT IS THEREFORE ORDERED that:
1. The request for an extension of time in which to file dispositional documents is
2. Plaintiff is hereby ordered to show cause, within seven (7) days of the entry of
this order, why this matter should not be dismissed with prejudice for his failure to comply with
Local Rule 160, see Local Rule 110, and for failure to prosecute; and
3. Plaintiff is directed to serve a copy of this order on defendants promptly and
file a proof of service.
DATED: September 19, 2013.
UNITED STATES DISTRICT JUDGE
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