Murphy v. Midland Funding, LLC

Filing 13

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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS JAMES MURPHY No. 2:17-cv-0242-JAM-KJN PS 12 Plaintiff, 13 ORDER TO SHOW CAUSE v. 14 15 MIDLAND FUNDING, LLC 16 Defendant. 17 18 After plaintiff Nicholas Murphy initially commenced this case in the Sacramento County 19 Superior Court as a small claims action, it was removed by defendant Midland Funding, LLC to 20 federal court on February 3, 2017. (ECF Nos. 1, 2.) That same day, the court issued an order 21 requiring the parties to file a joint status report within sixty (60) days. (ECF No. 3.) Thereafter, 22 plaintiff and defendant filed separate status reports on April 3, 2017, and April 4, 2017, 23 respectively. (ECF Nos. 5, 6.) The next day, on April 5, 2017, the court by minute order set a 24 status (pretrial scheduling) conference in this matter for April 27, 2017, at 10:00 a.m., before 25 Judge Newman. (ECF No. 8.) The minute order was served on plaintiff by mail at his address of 26 record. 27 28 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 1 1 unable to reach or communicate with plaintiff since the case was removed to federal court. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Within fourteen (14) days of this order, plaintiff shall show cause why monetary 4 sanctions of $250.00 should not be imposed based on plaintiff’s failure to cooperate 5 with preparing and filing a joint status report, and plaintiff’s failure to appear at the 6 status conference, as ordered by the court. 7 2. Failure to file a timely response to the order to show cause may result in dismissal of 8 the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b), and will 9 be construed as plaintiff’s non-opposition and consent to such a dismissal. 10 11 12 13 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. 14 5. Discovery remains stayed pending further order of the court. 15 IT IS SO ORDERED. 16 Dated: April 28, 2017 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?