Ortiz v. Enhanced Recovery Company
Filing
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ORDER signed by Magistrate Judge Deborah Barnes on 5/28/19 CAUTIONING plaintiff that future improper conduct may result in monetary or terminating sanctions. (Coll, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RENE ORTIZ,
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No. 2:17-cv-0607 KJM DB PS
Plaintiff,
v.
ORDER
ENHANCED RECOVERY COMPANY,
Defendant.
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Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the
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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On May 20,
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2019, the undersigned issued plaintiff an order to show cause for failure to prosecute. (ECF No.
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77.) The order also cautioned the parties “to refrain from any form of threatening conduct.” (Id.
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at 2.) On May 21, 2019, plaintiff filed a response in which plaintiff warns defendants “to stop
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harassing me . . . or I will lead all . . . to their self-destruction, a massacre[.]” (ECF No. 78 at 4.)
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Plaintiff is cautioned that the court “has the inherent authority to impose sanctions for bad
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faith, which includes a broad range of willful improper conduct.” Fink v. Gomez, 239 F.3d 989,
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992 (9th Cir. 2001). “The most common utilization of inherent powers is a contempt sanction
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levied to ‘protect[ ] the due and orderly administration of justice’ and ‘maintain[ ] the authority
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and dignity of the court.’” Primus Auto. Fin. Servs. v. Batarse, 115 F.3d 644, 648 (9th Cir. 1997)
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(quoting Cooke v. United States, 267 U.S. 517, 539 (1925)).
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The undersigned anticipates that in the future plaintiff will refrain from use of such
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threatening language. Moreover, as the dispositive motion deadline has passed, and defendant
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has a pending motion for summary judgment, there is little need for the parties to communicate
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pending resolution of defendant’s motion for summary judgment. Plaintiff is cautioned that
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future improper conduct may result in monetary or terminating sanctions.
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IT IS SO ORDERED.
Dated: May 28, 2019
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DLB:6
DB/orders/orders.pro se/ortiz0607.bw.ord
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