Riley v. County of Sacramento et al

Filing 45

ORDER signed by Magistrate Judge Allison Claire on 04/08/15 DISCHARGING 42 Order to Show Cause and SETTING Initial Scheduling Conference set for 5/6/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff may appear telephonically. Scheduling report due by 04/22/15. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALACHI ANTHONY RILEY,

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No. 2:14-cv-00462-KJM-AC

Plaintiff,
v.

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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This case is before the undersigned pursuant to Local Rule 302(c)(21). Defendants

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removed this matter from Sacramento Superior Court on February 12, 2014. ECF No. 1. On

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August 11, 2014, defendants filed a notice of settlement that stated dispositional documents

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would be filed within forty-five (45) days. ECF No. 20. However, on September 26, 2014,

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plaintiff’s attorney filed a motion to withdraw. ECF No. 23. The court granted that motion on

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January 6, 2015. ECF No. 37. On January 30, 2015, plaintiff (now proceeding in pro per) filed a

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letter claiming that his former attorney had entered into the foregoing settlement agreement

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without plaintiff’s consent. ECF No. 38. Although plaintiff states that he has no objections to his

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former attorney’s withdrawal, he denies that he has ever released defendants from liability for his

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claims. Id.

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On February 5, 2015, the undersigned set an initial scheduling conference for March 11,
2015. ECF No. 39. On March 3, 2015, defendants filed a status report claiming that they mailed
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a copy to plaintiff requesting that he either (1) sign and return the report if he approved of it; or

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(2) contact counsel’s office if he had questions or wanted to make changes. ECF No. 40 at 2.

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Plaintiff never responded to defendants’ letter, despite being informed of the filing deadline for

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status reports. Id. In addition, plaintiff failed to appear at the court’s hearing on March 11, 2015.

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On March 12, 2015, the court ordered plaintiff to show cause within 14 days why his action

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should not be dismissed for failure to prosecute. ECF No. 42.

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On April 6, 2015, plaintiff filed a response claiming that he did not receive the court’s

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order setting the March 11, 2015, scheduling conference, and had only recently received its order

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to show cause. ECF No. 43. According to plaintiff, he did not receive the court’s orders because

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he was out of town due to a family emergency. Id. In addition, plaintiff asks to be excused from

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future court appearances as he is unemployed and does not have the funds to travel to

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Sacramento. Id.

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The court finds that plaintiff has established good cause and accordingly will discharge its

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order to show cause and set a new scheduling conference. This matter will be set for an initial

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scheduling conference on May 6, 2015, at 10:00 a.m. in Courtroom 26 before the undersigned.

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Plaintiff must appear, but may do so telephonically. Plaintiff is instructed to contact the

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courtroom deputy, Valerie Callen, [phone] no later than 48 hours prior to the hearing and

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advise the court of the telephone number at which he can be reached for the scheduling

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conference. Defendants need not file a scheduling report, as they have already done so.

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However, if plaintiff would like to add his own explanation of his position in this matter or

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suggest dates for the court’s scheduling order he may file his own scheduling report no later than

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April 22, 2015.

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In accordance with the foregoing, IT IS HEREBY ORDERED that:

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The court’s March 12, 2015, order to show cause, ECF No. 42, is discharged; and

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2.

This matter is set for an initial scheduling conference on May 6, 2015, at 10:00

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a.m. in Courtroom 26 before Magistrate Judge Allison Claire. Plaintiff may appear

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telephonically. Plaintiff must file his scheduling report, if any, on or before April 22, 2015.

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DATED: April 8, 2015

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