Freedom Mortgage Corporation v. Madariaga et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:19-cv-2432 MCE DB PS
CHRISTINA MADARIAGA, and SIELA
Defendant Christina Madariaga is proceeding in this action pro se. This matter was,
therefore, referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. §
636(b)(1). (ECF No. 11.) On August 31, 2020, the undersigned issued an order setting this
matter for a Status (Pretrial Scheduling) Conference on October 23, 2020. (ECF No. 23.) On
September 16, 2020, plaintiff filed a motion for a preliminary injunction and noticed the motion
for hearing before the undersigned on October 16, 2020. (ECF No. 26.) In light of plaintiff’s
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
statement of non-opposition to plaintiff’s motion for preliminary injunction “not less than
fourteen (14) days preceding the noticed . . . hearing date.” Defendant, however, has failed to file
a timely opposition or statement of non-opposition.
The failure of a party to comply with the Local Rules or any order of the court “may be
grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or
within the inherent power of the Court.” Local Rule 110. Any individual representing himself or
herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and
all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be
grounds for dismissal or any other sanction appropriate under the Local Rules. Id.
In light of defendant’s pro se status, and in the interests of justice, the court will provide
defendant with an opportunity to show good cause for defendant’s conduct along with a final
opportunity to oppose plaintiff’s motion.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendant show cause for defendant’s conduct in writing within fourteen days of the
date of this order;
2. The October 16, 2020 hearing of plaintiff’s motion for preliminary injunction (ECF
No. 26) is continued to Friday, November 13, 2020, at 10:00 a.m., at the United States District
Court, 501 I Street, Sacramento, California, in Courtroom No. 27, before the undersigned;
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?