Tobia v. Dollar Tree Stores, Inc. et al

Filing 6

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 1/2/2020 CONTINUING Status Conference to 2/26/2020 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall SHOW CAUSE on or before 2/12/2020 why this action should not be dismissed. By no later than 2/12/2020, the parties shall file status reports (or a joint status report). (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEONARD TOBIA,

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Plaintiff,

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No. 2:18-cv-871-MCE-EFB PS

v.

ORDER AND ORDER TO SHOW CAUSE

DOLLAR TREE STORES, INC., a
California Corporation dba Dollar Tree
Store # 4760; KEVIN WAMPLER; and
DOES 1-10,
Defendants.

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On July 17, 2019, the court issued an order which set a status (pretrial scheduling)
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conference for January 8, 2020.1 ECF No. 4. The order directed plaintiff to complete service of

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process on the defendant within 90 days and to serve a copy of the order concurrently with
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service of the summons and complaint. Id. The order also directed the parties to file status
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reports fourteen days prior to the scheduling conference. Id.
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Plaintiff did not timely file a status report, nor has he filed a proof of service
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demonstrating that defendants were properly served.2 See Fed. R. Civ. P. 4(l)(l) (requiring that

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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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To date, defendants have not appeared in this action.
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proof of service be made to the court). Accordingly, the status conference will be continued and

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plaintiff is ordered to show cause why this case should not be dismissed for failure to effect

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service of process and/or failure to comply with the court’s order. See Fed. R. Civ. P. 41(b); E.D.

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Cal. L.R. 110 (“Failure of counsel or of a party to comply with these Rules or with any order of

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the Court may be grounds for imposition by the Court of any and all sanctions authorized by

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

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

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

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Cir. 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 scheduled for January 8, 2020, is continued to February 26, 2020

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

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2. Plaintiff shall show cause, in writing, on or before February 12, 2020, why this action

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should not be dismissed for failure to effect service of process and/or failure to comply with the

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court orders.

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3. By no later than February 12, 2020, the parties shall file status reports (or a joint status

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report) setting forth the matters referenced in the court’s July 17, 2019 order, including the status

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of service of process.

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4. Failure of plaintiff to comply with this order will result in a recommendation that this

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action be dismissed for failure to effect services of process, comply with court orders, and/or for

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lack of prosecution under Rule 41(b).

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DATED: January 2, 2020.

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