Murphy v. Midland Funding, LLC
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 04/28/17 ORDERING that, within 14 days, plaintiff shall SHOW CAUSE why monetary sanctions of $250.00 should not be imposed based on plaintiff's failure to cooperate with pr eparing and filing a joint status report, and failure to appear at the status conference. Failure to file a timely response to the OSC may result in dismissal of the action with prejudice; alternatively, if plaintiff concludes that he no longer wishe s to pursue this action at this time, he may instead file a request for voluntary dismissal of the action. If plaintiff elects to respond to the OSC, defendant may file a reply to plaintiff's response within 7 days of that response's filing. Discovery REMAINS STAYED pending further order of the court. (Benson, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NICHOLAS JAMES MURPHY
No. 2:17-cv-0242-JAM-KJN PS
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Plaintiff,
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ORDER TO SHOW CAUSE
v.
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MIDLAND FUNDING, LLC
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Defendant.
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After plaintiff Nicholas Murphy initially commenced this case in the Sacramento County
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Superior Court as a small claims action, it was removed by defendant Midland Funding, LLC to
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federal court on February 3, 2017. (ECF Nos. 1, 2.) That same day, the court issued an order
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requiring the parties to file a joint status report within sixty (60) days. (ECF No. 3.) Thereafter,
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plaintiff and defendant filed separate status reports on April 3, 2017, and April 4, 2017,
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respectively. (ECF Nos. 5, 6.) The next day, on April 5, 2017, the court by minute order set a
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status (pretrial scheduling) conference in this matter for April 27, 2017, at 10:00 a.m., before
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Judge Newman. (ECF No. 8.) The minute order was served on plaintiff by mail at his address of
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record.
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At the April 27, 2017 status conference, attorney Thomas Landers appeared telephonically
on behalf of defendant, and plaintiff failed to appear. Mr. Landers indicated that he had been
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unable to reach or communicate with plaintiff since the case was removed to federal court.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within fourteen (14) days of this order, plaintiff shall show cause why monetary
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sanctions of $250.00 should not be imposed based on plaintiff’s failure to cooperate
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with preparing and filing a joint status report, and plaintiff’s failure to appear at the
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status conference, as ordered by the court.
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2. Failure to file a timely response to the order to show cause may result in dismissal of
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the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b), and will
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be construed as plaintiff’s non-opposition and consent to such a dismissal.
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3. Alternatively, if plaintiff concludes that he no longer wishes to pursue this action at
this time, he may instead file a request for voluntary dismissal of the action.
4. If plaintiff elects to respond to the order to show cause, defendant may file a reply to
plaintiff’s response within seven (7) days of that response’s filing.
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5. Discovery remains stayed pending further order of the court.
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IT IS SO ORDERED.
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Dated: April 28, 2017
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