Jackson et al v. Farmers Insurance Exchange et al

Filing 8

ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 5/29/14. Counsel for Plaintiffs shall show cause in writing within 7 days as to why sanctions should not issue. Initial Scheduling Conference reset for 8/4/2014 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Plaintiffs are directed to serve defendants with process and a copy of this order no later than 21 days from the date of this order. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS JACKSON, EMMA JACKSON,
TJ AUTO BODY SERVICES, INC.,
dba “TJ ENTERPRISES”,,

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Plaintiffs,

No.

CIV. S-14-250 LKK/AC

ORDER

v.
FARMERS INSURANCE EXCHANGE,
TRUCK INSURANCE EXCHANGE,
BRUCE H. BAILEY, JAMES
GILLIS, and STEVE EASON,

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Defendants.
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A status conference had previously been set herein on April

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7, 2014 at 3:00 p.m. By request of the plaintiffs, it was

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continued to June 2, 2014 at 1:30 p.m. In the order granting the

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continuance, the court directed the parties to file their status

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reports fourteen (14) days prior to the status conference. (ECF

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No. 7.)

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Plaintiffs have failed to file a status report. It is also

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unclear whether defendants Farmers Insurance Exchange, Truck

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Insurance Exchange, Bruce H. Bailey, James Gillis, and Steven
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Eason have been served, as no proof of service has been filed,

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none of the defendants has yet made an appearance, and no

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attorney of record for any defendant is registered with the

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court’s Electronic Case Filing system.

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In light of the foregoing, the court hereby orders as

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follows:

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[1]

Counsel for plaintiffs is hereby ORDERED TO SHOW CAUSE

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in writing, within seven (7) days of docketing of this

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order, as to why sanctions, including a fine of $250

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and potentially including dismissal of this action with

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prejudice,1 should not issue in accordance with Local

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Rule 110.

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[2]

The status conference herein, currently set for June 2,

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2014 at 1:30 p.m., is CONTINUED to August 4, 2014 at

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3:00 p.m. Parties are to file status reports fourteen

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(14) days prior to the status conference.

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[3]

Plaintiffs are DIRECTED to serve defendants with

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process and a copy of this order no later than twenty-

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one (21) days from the date this order is docketed.

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IT IS SO ORDERED.

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DATED:

May 29, 2014.

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See Fed. R. Civ. P. 41(b); Link v. Wabash R.R., 370 U.S. 626,
633 (1962) (“[W]hen circumstances make such action appropriate, a
District Court may dismiss a complaint for failure to prosecute
even without affording notice of its intention to do so or
providing an adversary hearing before acting.”).
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