Bailet-Stoner v. Salcido et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/6/18 CONTINUING the Status Conference to 1/9/2019 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Within 14 days from the date this order is filed, plaintiff shal l supply to the United States Marshal (USM) all information needed to effect service of process and file a statement with the court, within 14 days thereafter, that said documents have been submitted to the USM. Plaintiff shall show cause, in writin g, on or before 12/12/2018 why sanctions should not be imposed for failure to follow court orders and/or for failure to provide the Marshall with the necessary documents to effect service of process. By 12/26/2018, the parties shall file status reports (or a joint status report). (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL T. BAILET-STONER,

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Plaintiff,

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No. 2:17-cv-1108-JAM-EFB PS

v.

ORDER

LISA SALCIDO, ELAINA CAMAS,
MARIA EGLACIAS, and PRODUCT
DEVELOPMENT CORPORATION,

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Defendants.

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On May 31, 2018, the court granted plaintiff’s request to proceed in forma pauperis,

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directed the clerk to provide plaintiff with the forms required to effect service on defendant

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Product Development Corporation, and directed plaintiff to provide to the U.S. Marshal within

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fourteen days all information needed to effect service of process and to file a statement with the

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court within fourteen days thereafter that the documents were submitted.1 ECF No. 3. Also on

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May 31, 2018, the court issued an order which, among other things, set a status (pretrial

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scheduling) conference for November 14, 2018, directed plaintiff to serve a copy of the order

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concurrently with service of process, and directed the parties to file status reports within fourteen

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days of the November 14, 2018 conference, or in this instance, by October 31, 2018. ECF No. 5.

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This case, in which plaintiff is proceeding in propria persona, is before the undersigned
pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).
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The docket reveals that plaintiff has not filed a statement that the service documents were

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submitted to the Marshal. Additionally, plaintiff did not file a status report, as required by the

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May 31, 2018 order. Accordingly, the status conference is continued and plaintiff is ordered to

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show cause why this case and/or any unserved defendants should not be dismissed as a result of

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plaintiff’s failure to follow court orders. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110 (“Failure

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of counsel or of a party to comply with these Rules or with any order of the Court may be

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grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.”); see also E.D. Cal. L.R. 183 (“Any individual

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representing himself or herself without an attorney is bound by the Federal Rules of Civil or

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Criminal Procedure and by these Local Rules.”); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

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1995) (“Failure to follow a district court’s local rules is a proper ground for dismissal.”).

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Accordingly, it is hereby ORDERED that:

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1. The status conference currently scheduled for November 14, 2018, is continued to

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January 9, 2019 at 10:00 a.m., in Courtroom No. 8.

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2. Plaintiff shall supply the United States Marshal, within 14 days from the date this order

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is filed, all information needed by the Marshal to effect service of process, and shall, within 14

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days thereafter, file a statement with the court that said documents have been submitted to the

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United States Marshal.

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3. Plaintiff shall show cause, in writing, on or before December 12, 2018, why sanctions

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should not be imposed for failure to follow court orders and/or for failure to provide the Marshall

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with the necessary documents to effect service of process.

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4. By December 26, 2018, the parties shall file status reports (or a joint status report)

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setting forth the matters referenced in the court’s May 31, 2018 order, including the status of

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service of process.

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5. Failure of plaintiff to comply with this order may result in a recommendation that this

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action be dismissed for failure to follow court orders and/or for lack of prosecution under Rule

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41(b).

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DATED: November 6, 2018.

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