Freedom Mortgage Corporation v. Madariaga et al

Filing 28

ORDER signed by Magistrate Judge Deborah Barnes on 10/9/2020 DIRECTING defendant to SHOW CAUSE for defendant's conduct in writing within 14 days; CONTINUING the 26 Motion for Preliminary Injunction Hearing to 11/13/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; GRANTING defendant until 10/30/2020 to file an opposition or statement of non-opposition to plaintiff's motion; and VACATING the 10/23/2020 Status Conference. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREEDOM MORTGAGE
CORPORATION,

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Plaintiff,

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No. 2:19-cv-2432 MCE DB PS

ORDER

v.
CHRISTINA MADARIAGA, and SIELA
MADARIAGA,

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Defendants.

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Defendant Christina Madariaga is proceeding in this action pro se. This matter was,

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therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. §

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636(b)(1). (ECF No. 11.) On August 31, 2020, the undersigned issued an order setting this

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matter for a Status (Pretrial Scheduling) Conference on October 23, 2020. (ECF No. 23.) On

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September 16, 2020, plaintiff filed a motion for a preliminary injunction and noticed the motion

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for hearing before the undersigned on October 16, 2020. (ECF No. 26.) In light of plaintiff’s

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pending motion, the October 23, 2020 Status Conference is vacated.
Moreover, pursuant to Local Rule 230(c) defendant was to file an opposition or a

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statement of non-opposition to plaintiff’s motion for preliminary injunction “not less than

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fourteen (14) days preceding the noticed . . . hearing date.” Defendant, however, has failed to file

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a timely opposition or statement of non-opposition.

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The failure of a party to comply with the Local Rules or any order of the court “may be

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grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.” Local Rule 110. Any individual representing himself or

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herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and

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all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be

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grounds for dismissal or any other sanction appropriate under the Local Rules. Id.

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In light of defendant’s pro se status, and in the interests of justice, the court will provide

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defendant with an opportunity to show good cause for defendant’s conduct along with a final

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opportunity to oppose plaintiff’s motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant show cause for defendant’s conduct in writing within fourteen days of the

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date of this order;
2. The October 16, 2020 hearing of plaintiff’s motion for preliminary injunction (ECF

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No. 26) is continued to Friday, November 13, 2020, at 10:00 a.m., at the United States District

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Court, 501 I Street, Sacramento, California, in Courtroom No. 27, before the undersigned;

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3. On or before October 30, 2020, defendant shall file an opposition or statement of nonopposition to plaintiff’s motion;
4. Defendant is cautioned that the failure to timely comply with this order may result in
the appropriate sanction; and
5. The October 23, 2020 Status Conference is vacated.
DATED: October 9, 2020

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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