Dahlin et al v. Frieborn et al

Filing 194

ORDER to SHOW CAUSE signed by Senior District Judge Morrison C. England, Jr on 05/13/24 DIRECTING Plaintiffs to show cause in writing, within 10 days following the date that this order is electronically filed, why this case should not be dismissed f or failure to prosecute and/or to follow the applicable rules and orders of this Court. Sherry Couzens, Michael Crosson, Friends of Auburn/Tahoe Vista Placer County Animal Shelter, Friends of Auburn/Tahoe Vista Placer County Animal Shelter, Inc., Friends of Placer County Animal Shelter, Edward J. Fritz, Humane Society of the Sierra Foothills, Marilyn Jasper, Shana Laursen, Katie Newman, Cassie Reeves, Auburn Police Department and City of Auburn terminated.(Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES DAHLIN and KIMBERLY
DAHLIN,
Plaintiffs,

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No. 2:17-cv-02585-MCE-AC

ORDER
v.
ROSEMARY FRIEBORN, CURT
RANSOM, DEBBIE NELSON, PHILLIP
ISETTA, ANGELA MCCULLOUGH,
TUCKER HUEY, and THOMAS
SHERIFF,
Defendants.

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The Court has considered the three separate sets of objections (ECF Nos. 187-

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89) that Defendants filed to its Supplemental Pretrial Scheduling Order (ECF No. 186).

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Each objection contends that the discovery deadline is insufficient to allow for proper fact

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discovery due to repeated lengthy delays caused by the egregious neglect of this case

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and highly inappropriate conduct during deposition proceedings by one of Plaintiffs’

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counsels, Mr. Stratton Barbee, the latter of which the Court is aware is the subject of a

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Motion to Compel, Motion for Protective Order, and Motion for Sanctions noticed before

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Magistrate Judge Allison Claire (ECF No. 192).

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Independently, the Court has reviewed filings in which Mr. Barbee indicates he is
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missing discovery and had tried at times to obtain information from Plaintiffs’ “former

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counsel Dennise Henderson, to no avail.” ECF No. 193-1, at 11. Not only did Mr.

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Barbee never raise any issues regarding Ms. Henderson’s purported failure to provide

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Plaintiffs’ case files with the Court, but there is no record that Ms. Henderson ever

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withdrew as counsel for Plaintiffs.

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Given the Court’s review of the record in its entirety and the fact that all remaining

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Defendants unanimously describe the same unprofessional conduct and dilatory tactics,

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not later than ten (10) days following the date that this Order is electronically filed,

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Plaintiffs are ordered to show cause (“OSC”) in writing why this case should not be

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dismissed for failure to prosecute and/or to follow the applicable rules and orders of this

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Court. See Fed. R. Civ. Pro. 41(b). Plaintiffs shall include in their response to the OSC

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an explanation as to the status of counsel as well. If no response is timely filed, this

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action will be dismissed with terminating (and/or monetary sanctions) with prejudice

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upon no further notice to the parties.

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Finally, the Clerk of the Court is directed to terminate all Defendants other than
those included in the above caption. See ECF Nos. 131, 149.
IT IS SO ORDERED.
Dated: May 13, 2024

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