Cooley v. City of Vallejo et al

Filing 40

ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/14 ORDERING that the Status Conference is CONTINUED to 12/11/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. No later than 11/20/2014, the parties shall meet and confer, and file a joint status report in accordance with the court's prior 9/18/2014 order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDERICK MARCELES COOLEY,

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Plaintiff,

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No. 2:14-cv-0620 TLN KJN PS

v.

ORDER

CITY OF VALLEJO, et al.,

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Defendants.

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On September 18, 2014, the court issued an order setting a status (pretrial scheduling)

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conference in this matter for November 13, 2014. (ECF No. 38.) That order directed the parties

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to meet and confer and file a joint status report addressing the specific topics outlined in the

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court’s previous March 11, 2014 Order Setting Status Conference no later than seven (7) days

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prior to the conference. (Id.) The parties were further ordered to indicate whether they desire an

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early settlement conference, and if so, whether they would stipulate to waiver of any

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disqualification by virtue of the undersigned acting as a settlement judge or whether they would

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prefer the settlement conference to be conducted before another magistrate judge. (Id.) The court

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cautioned the parties that failure of any party to cooperate in the meet-and-confer efforts and the

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drafting of the joint status report may result in the imposition of sanctions on the offending party.

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(Id.)

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On November 5, 2014, defendants filed a status report, in which plaintiff did not join.

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(ECF No. 39.) Defendants’ status report does not address all of the specified topics, and does not

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explain why a joint status report was not filed. Moreover, although the applicable deadline has

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now passed, plaintiff entirely failed to file a status report.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The November 13, 2014 status conference is vacated and continued to December 11,

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2014, at 10:00 a.m., in Courtroom No. 25.
2. No later than November 20, 2014, the parties shall meet and confer, and file a joint
status report in accordance with the court’s prior September 18, 2014 order.

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3. Sanctions, including monetary sanctions, a recommendation of dismissal pursuant to

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Federal Rule of Civil Procedure 41(b), or any other appropriate sanctions, will be

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imposed on any party who fails to cooperate with the meet-and-confer process and

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drafting of the joint status report.

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IT IS SO ORDERED.
Dated: November 10, 2014

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