Garcia v. Procter and Gamble Company

Filing 18

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 12/16/20 ORDERING that the initial Scheduling Conference is continued to 1/21/2021 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. Within 14 days of the date of entry of this order plaintiff shall file a status report and show cause why sanctions should not be imposed for failure to comply with a court order. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BRIAN GARCIA,

12

Plaintiff,

13
14

No. 2:17-cv-02591-MCE-JDP

v.
PROCTER AND GAMBLE COMPANY,

15

ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO COMPLY WITH A COURT ORDER

Defendant.
RESPONSE DUE WITHIN 14 DAYS

16
17
18

On December 1, 2020, the court issued an order resetting an initial scheduling conference

19

for December 17, 2020 and directing the parties to file a joint status report seven days prior. ECF

20

No. 15. Defendant timely filed a status report. ECF No. 17. Plaintiff, however, failed to

21

separately file his own status report or join in defendant’s filing. Accordingly, plaintiff is ordered

22

to show cause why sanctions should not be imposed for his failure to comply with the court’s

23

order.

24

To manage its docket effectively, the court imposes deadlines on litigants and requires

25

litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute

26

or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v.

27

U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but

28
1

1

a district court has a duty to administer justice expeditiously and avoid needless burden for the

2

parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The

3

court will give plaintiff a chance to explain why the court should not dismiss the case for

4

plaintiff’s failure to prosecute and failure to comply with a court order. Plaintiff’s failure to

5

respond to this order will constitute a second failure to comply with a court order and may result

6

in dismissal of this case.

7

Accordingly, it is hereby ordered that:

8

1. The initial scheduling conference currently set for December 17, 2020 is continued to

9

January 21, 2021 at 10:00 a.m.

10
11

2. Within 14 days of the date of entry of this order plaintiff shall file a status report and
show cause why sanctions should not be imposed for failure to comply with a court order.

12
13

IT IS SO ORDERED.

14
Dated:
15
16

December 16, 2020
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2