Johnson v. Yaghoubian et al

Filing 39

ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 6/8/17: 28 Motion to Compel is granted. Defendants shall SHOW CAUSE, in writing, why the court should not impose monetary sanctions in the amount of $650. 00 based upon their failure to serve responses to discovery and impose further sanctions against defendants based upon their failure to follow court orders and their repeated failure to appear. Defendants' response to the order to show cause shall be filed no later than 6/21/2017. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:16-cv-02299-TLN-CKD

Plaintiff,
v.

ORDER AND

YAGHOUBIAN, et. al,

ORDER TO SHOW CAUSE

Defendant.

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Pending before this court are plaintiff’s May 9, 2017 motion to compel initial disclosures

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and related motion for an order excluding non-disclosed items (ECF No. 28), and plaintiff’s May

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31, 2017 notice of and motion for Rule 37(b)(2)(A) sanctions (ECF No. 33) filed in response to

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the court’s order (ECF No. 32) directing the plaintiff to file a document clarifying the amount and

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basis of the sanctions requested in ECF No. 26.

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On June 7, 2017, the court held a hearing on plaintiff’s motion to compel and related

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motion. (ECF No. 28) Mary Melton appeared telephonically for plaintiff Scott Johnson, while

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pro se defendants Camp and Ahmed did not appear. Good cause appearing, the court will grant

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plaintiff’s motion to compel and issue an order to show cause.

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Accordingly IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion to compel (ECF No. 28) is granted.

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2. Defendants Camp and Ahmed must serve initial disclosures within 14 days.

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3. Defendants’ failure to timely comply, or to show good cause for an extension of time,

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may result in the exclusion of all non-disclosed witnesses and documents.

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4. Defendants shall SHOW CAUSE, in writing, why the court should not (1) impose

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monetary sanctions in the amount of $650.00 based upon their failure to serve

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responses to discovery propounded by plaintiff on time, and (2) impose further

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sanctions against defendants based upon their failure to follow court orders and their

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repeated failure to appear. Defendants’ response to the order to show cause shall be

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filed no later than Wednesday, June 21, 2017 at 5:00pm.

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5. Defendants’ failure to comply with this order and order to show cause may result in their
answer being stricken and default judgment entered against them.
IT IS SO ORDERED.
Dated: June 8, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/16-2299 Johnson v. Yaghoubian - Order and OSC

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