Sidorov v. Transamerica Life Insurance Company et al.

Filing 28

ORDER to SHOW CAUSE signed by District Judge Kimberly J. Mueller on 6/20/17. Counsel for Sidorov is ORDERED to SHOW CAUSE why sanctions should not be issued in the amount of $250 for his failure to comply with the Local Rules. A response, if any, shall be filed within seven (7) days of this order. (Mena-Sanchez, 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 YEGENIY V. SIDOROV, in his individual capacity and as Administrator of the Estate of NATALYA N. SIDOROVA, 13 14 15 16 17 18 No. 2:17-cv-00002-KJM-DB ORDER TO SHOW CAUSE Plaintiff, v. TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, Defendants. 19 On February 28, 2017, Transamerica Life Insurance Company (“Transamerica”) 20 moved to dismiss the complaint. ECF No. 7. After the court adopted the parties’ stipulation to 21 give plaintiff Yegeniy V. Sidorov until March 31 to oppose the motion, ECF No. 13, Sidorov 22 filed neither an opposition nor a notice of non-opposition, as required by Local Rule 230(c). 23 Instead, on April 7, 2017, Sidorov filed a motion to amend the complaint. ECF No. 14. 24 Sidorov’s motion did not include a proposed amended complaint, as required by Local Rule 25 137(c). Sidorov’s reply ultimately included a proposed amended complaint, ECF No. 23, but the 26 reply was untimely as it was filed four days before hearing, in violation of Local Rule 230(d). 27 Accordingly, as discussed with counsel at the initial hearing on the motion to 28 dismiss, counsel for Sidorov is ORDERED to SHOW CAUSE why sanctions should not be 1 1 issued in the amount of $250 for his failure to comply with the Local Rules.1 A response, if any, 2 shall be filed within seven (7) days of this order. 3 4 IT IS SO ORDERED. DATED: June 20, 2017. 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The court is aware of plaintiff’s counsel’s request for relief from the court’s previous order to show cause, and will address that relief in its ultimate disposition of the defense motion to dismiss and plaintiff’s pending motion to amend. 2

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