Schneider v. Bank of America N.A et al

Filing 323

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 3/13/17 ORDERING that Plaintiff shall Show Cause in writing, no later than 3/29/2017 why monetary sanctions should not be imposed against him for failure to (1) comply with the cou rt's 11/16/16 order directing him to properly notice his MOTION for New Trial and (2) file a timely opposition or statement of non- opposition to Defendants' MOTION. The hearing on Defendants' MOTION 321 , currently scheduled for 3/1 5/17, is CONTINUED to 4/12/2017. Plaintiff shall file an opposition to Defendants' MOTION, or a statement of non-opposition thereto, no later than 3/29/17. Defendants may file a reply to Plaintiff's opposition, if any, on or before 4/5/17. The deadlines in this order will not be extended.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER D. SCHNEIDER,

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No. 2:11-cv-2953-JAM-EFB PS

Plaintiff,
v.

ORDER TO SHOW CAUSE

BANK OF AMERICA N.A.; BANK OF
AMERICA MORTGAGE; BANK OF
AMERICA HOME LOANS SERVICING
LP; BALBOA INSURANCE COMPANY;
HOME RETENTION GROUP; QUALITY
LOAN SERVICE CORPORATION;
CLIFF COLER; and DOES 1-100,
inclusive,
Defendants.

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Plaintiff was ordered within 30 days to properly notice his motion for a new trial in

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compliance with Local Rule 230. ECF No. 314. That order was entered on November 16, 2016,

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and to date plaintiff has failed to comply.1 In violation of Local Rule 230(c), plaintiff has also

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failed to timely file an opposition or statement of non-opposition to defendants’ motion seeking

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either an order, or findings and a recommendation for an order denying the motion for new trial

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The order was entered after plaintiff submitted a copy of an order from the U.S. Court of
Appeals for the Ninth Circuit stating that plaintiff’s appeal from a jury verdict against him would
be held in abeyance pending this court’s ruling on a motion by plaintiff for a new trial. ECF No.
310-1.
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due to plaintiff’s failure to calendar it. Although plaintiff is proceeding in propria persona, that

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does not excuse his failure to comply with the court’s orders or the Local Rules.

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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal,

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judgment by default, or other appropriate sanctions. Likewise, Local Rule 110 provides that the

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failure to comply with the Local Rules “may be grounds for imposition by the Court of any and

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all sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Tri-Valley CAREs v. U.S. Dept. of Energy, 671 F.3d 1113, 1131 (9th Cir. 2012) (“Denial of a

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motion as the result of a failure to comply with local rules is well within a district court’s

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discretion.”). As noted, even though pro se pleadings are liberally construed, pro se litigants are

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bound by the rules of procedure. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff shall show cause, in writing, no later than March 29, 2017, why monetary

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sanctions should not be imposed against him for failure to (1) comply with the court’s November

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16, 2016 order directing him to properly notice his motion for new trial and (2) file a timely

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opposition or statement of non-opposition to defendants’ motion.

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2. The hearing on defendants’ motion, ECF No. 321, currently scheduled for March 15,
2017, is continued to April 12, 2017.
3. Plaintiff shall file an opposition to defendants’ motion, or a statement of nonopposition thereto, no later than March 29, 2017.
4. Failure to comply with the instant order will result in a recommendation that plaintiff’s
motion for a new trial be denied for failure to comply with court orders and/or Local Rules.

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5. Defendants may file a reply to plaintiff’s opposition, if any, on or before April 5, 2017.

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6. The deadlines in this order will not be extended.

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DATED: March 13, 2017.

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