McCarthy v. Saini Lodging Investment LLC

Filing 15

ORDER signed by District Judge Kimberly J. Mueller on 5/28/17, ORDERING that the court DISCHARGES the 10 order to show cause.The parties must jointly file a settlement status update by 5:00 PM on 5/12/2017. The court will impose a $250 sanction against each party should this deadline go unheeded. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT McCARTHY,

12
13
14

No. 2:16‐cv‐0505‐KJM‐AC

Plaintiff,
v.

ORDER

SAINI LODGING INVESTMENT, LLC,

15

Defendant.

16
17
After both parties missed their joint status report filing deadline, the court issued

18
19

an order to show cause why the case should not be dismissed or the parties sanctioned. Order,

20

Oct. 25, 2016, ECF No. 10. Defendant’s counsel, Mr. Vaughan, responded within a week,

21

explained his error, and took personal responsibility for it. Def’s Response, Nov. 2, 2016, ECF

22

No. 11. Plaintiff’s counsel, Mr. Wakefield, waited two months to respond and did not take

23

responsibility for his error. Pl.’s Response, Jan. 2, 2017, ECF No. 14.
While noting the unsatisfying nature of Mr. Wakefield’s response, the court

24
25

nonetheless will not dismiss this case given both parties’ representations as to the impending

26

settlement. Accordingly, the court DISCHARGES the October 25, 2016 order to show cause.

27

(ECF No. 10).

28
1

1

Both parties requested 60 more days to finalize settlement negotiations. Plaintiff’s

2

requested 60 days would have ended on January 1, 2017; defendant’s on March 3, 2017. See

3

ECF No. 11 at 2, ECF No. 14 at 1. Given this time lapse, the court grants the parties only

4

fourteen (14) more days to finalize their settlement efforts. The parties must jointly file a

5

settlement status update by 5:00 PM on May 12, 2017. The court will impose a $250 sanction

6

against each party should this deadline go unheeded.

7

IT IS SO ORDERED.

8

DATED: May 28, 2017

9
10
11

UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2