Hernandez v. City of Stockton et al

Filing 40

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/18/2019 VACATING the 11/20/2019 Status Conference and CONTINUING that hearing to 12/18/2019, at 10:00 AM, in Courtroom 8 (EFB), before Magistrate Judge Edmund F. Brennan. On or before 12/4/2 019, plaintiff shall file a status report in accordance with the court's 10/21/2019 order. See ECF No. 37. Plaintiff shall SHOW CAUSE, in writing, no later than 12/4/2019, why sanctions should not be imposed for failure to comply with the court's 10/21/2019 order. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL HERNANDEZ,

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No. 2:18-cv-1316-JAM-EFB PS

Plaintiff,
v.

ORDER AND ORDER TO SHOW CAUSE

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CITY OF STOCKTON, et al.,

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Defendants.

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After this case was referred to the undersigned, the court issued an order setting a status

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conference for November 20, 2019. ECF No. 37. That order also directed the parties to file, by

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no later than November 6, 2019, status reports addressing the future scheduling of the case. Id.

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Defendants timely filed a joint status report. ECF No. 39. Plaintiff, however, did not file a status

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report, nor did he otherwise respond to the court’s order.

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Accordingly, plaintiff is ordered to show cause why he should not be sanctioned for

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failure to comply with the court’s order. See E.D. Cal. L.R. 110 (“Failure of counsel or of a party

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to comply with these Rules or with any order of the Court may be grounds for imposition by the

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Court of any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.”); see also E.D. Cal. L.R. 183 (“Any individual representing himself or herself without an

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attorney is bound by the Federal Rules of Civil or Criminal Procedure and by these Local

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Rules.”); Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir. 2002) (failure to comply with

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court orders is a proper ground for dismissal).
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Accordingly, good cause appearing, it is hereby ORDERED that:

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1. The status conference currently set for November 20, 2019, is continued to December

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18, 2019 at 10:00 a.m. in Courtroom No. 8.

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2. On or before December 4, 2019, plaintiff shall file a status report in accordance with
the court’s October 21, 2019 order. See ECF No. 37.

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3. Plaintiff shall show cause, in writing, no later than December 4, 2019, why sanctions
should not be imposed for failure to comply with the court’s October 21, 2019 order.

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4. Failure to comply with this order may result in the imposition of sanctions, including a

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recommendation that this action be dismissed for failure to prosecute and/or to comply with court

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orders.

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DATED: November 18, 2019.

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