Johnson v. Algazali et al

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 8/16/2013 ORDERING Within fourteen (14) days of issuance of this order, the late dispositional documents shall be filed, and all counsel shall SHOW CAUSE in writing why monetary sanctions should not be imposed for the delay. Failure to timely comply with this order will result in sanctions. (Waggoner, D)

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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,

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No. 2:11-cv-02472 KJN

v.

ORDER

NAGEB ABDO ALGAZALI, doing
business as SHEBA LIQUORS, et al.,
Defendants.

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On May 22, 2013, the parties informed the court that they had settled this case.1 (ECF No.

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31.) Thereafter, the undersigned ordered all dispositional documents to be filed by July 5, 2013.

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(ECF No. 32.)
On July 3, 2013, however, plaintiff’s counsel filed a request for an extension to file

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dispositional documents on or before August 2, 2013, “due to the fact that Plaintiff and

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Defendants are still in the process of finalizing a settlement agreement.” (ECF No. 33.)

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This matter proceeds before the undersigned as a result of the parties’ voluntary consent to the
jurisdiction of the undersigned for all proceedings in this case, including trial and entry of final
judgment, and an order entered December 6, 2011 (ECF No. 9). See 28 U.S.C. § 636(c)(1); Fed.
R. Civ. P. 73; E.D. Cal. L.R. 301, 305.
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Based upon counsel’s representation (id.) and the fact that no similar request for an

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extension has previously been filed with respect to the parties’ dispositional documents, the

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undersigned ordered the parties to file dispositional documents no later than August 2, 2013.

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(ECF No. 43.)

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However, the deadline of August 2, 2013, has now passed. The parties have not filed their
dispositional documents. The parties have not requested an extension of time to do so.

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Accordingly, IT IS HEREBY ORDERED THAT:

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Within fourteen (14) days of issuance of this order, the late dispositional documents shall

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be filed, and all counsel shall show cause in writing why monetary sanctions should not be

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imposed for the delay. Failure to timely comply with this order will result in sanctions. See

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Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; see also Thompson v. Housing Auth. of City of L.A.,

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782 F.2d 829, 831 (9th Cir. 1986) (per curiam) (stating that district courts have inherent power to

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control their dockets and may impose sanctions including dismissal), cert. denied, 479 U.S. 829

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(1986).

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IT IS SO ORDERED.

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Dated: August 16, 2013

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