Engineered Door Industries, Inc. v. K.O.O. Construction, Inc. et al.

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/5/2017 ACCORDINGLY it is hereby ORDERED that the 9/26/2017 order to show cause is DISCHARGED and no sanctions are imposed. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 ENGINEERED DOOR INDUSTRIES, INC., Plaintiff, 13 ORDER v. 14 15 No. 2:16-cv-836-EFB PS K.O.O. CONSTRUCTION, INC., et al., Defendants. 16 17 18 On August 16, 2016, the court issued a pretrial scheduling order, which set a final pretrial 19 conference for September 27, 2017. ECF No. 25 at 3. That order also directed the parties to file 20 a joint pretrial statement by no later than September 13, 2017. Id. The parties failed to timely file 21 a joint pretrial statement. Accordingly, the final pretrial conference was continued, and the 22 parties were ordered, by no later than October 2, 2017, to file a pretrial statement and show cause, 23 in writing, why sanctions should not be imposed for failure to comply with the court’s scheduling 24 order. ECF No. 26. Rather than respond to the order to show cause, plaintiff filed a notice of settlement (ECF 25 26 No. 27) and the parties filed a stipulation for voluntary dismissal pursuant to Federal Rule of Civil 27 ///// 28 ///// 1 1 Procedure 41(a)(1) (ECF No. 28).1 The parties, however, failed to show cause why sanctions 2 should not be imposed for their failure to comply with the court’s order. 3 The parties were not permitted to disregard the court’s scheduling order merely because 4 they settled the case. Instead, they should have immediately notified the court that a settlement 5 had been reached or, if settlement negotiations were ongoing and good cause warranted an 6 extension, requested an extension of time to file the pretrial statement. Taking no action was not 7 an available option. Similarly, the parties’ stipulation for voluntary dismissal does not address or 8 justify their disregard of the court’s order to show cause. 9 Notwithstanding the parties’ failure to show cause why sanctions should not be imposed, 10 the court declines to impose sanctions in light the parties’ ability to resolve their dispute. Instead, 11 this order will serve as an admonishment to counsel. Accordingly, it is hereby ORDERED that 12 the September 26, 2017 order to show cause is discharged and no sanctions are imposed. 13 DATED: October 5, 2017. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Clerk closed the case on October 4, 2017, pursuant to that stipulation. ECF No. 29; see Fed. R. Civ. P. 41(a)(1)(ii). 2

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