Dahlin et al v. Frieborn et al

Filing 191

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 4/18/2024 DIRECTING the plaintiffs to SHOW CAUSE by 5/2/24 why they failed to participate in the joint statement. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES DAHLIN and KIMBERLY
DAHLIN,
Plaintiffs,

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v.

No. 2:17-cv-02585 MCE AC

ORDER TO SHOW CAUSE

ROSEMARY FRIEBORN, et al.,
Defendants.

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This matter is before the court on defendant Rosemary Frieborn’s motion to compel

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plaintiffs James Dahlin and Kimberly Dahlin’s further responses to her first set of requests for

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production of documents. ECF No. 181. The discovery motion was referred to the magistrate

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judge pursuant to E.D. Cal. R. 302(c)(1). Co-defendant Thomas Sheriff filed a statement of non-

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opposition. ECF No. 185. Defendant filed a “joint statement” but no argument from plaintiffs

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was included because, per defense counsel, despite multiple attempts to meet and confer and

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obtain plaintiffs’ portion of the statement, plaintiffs’ counsel was unresponsive. ECF No. 182 at

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5. Plaintiffs filed a “Supplemental Response to Fourth Amended Responses” on March 27, 2024;

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this document was not only belatedly filed but is also not responsive to the motion. ECF No. 184.

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Based on the information available to the court, it appears plaintiffs are not meeting their

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obligation to meaningfully participate in discovery.
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Good cause appearing, IT IS HEREBY ORDERED that plaintiffs shall show cause, in

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writing, no later than May 2, 2024, why they failed to participate in the joint statement. If

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plaintiffs fail to respond or otherwise fail to show good cause by May 2, 2024, the court will grant

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the motion to compel and may order further sanctions as necessary and appropriate.

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DATED: April 18, 2024

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