Pippert v. Caryan Resource & Development, LLC et al

Filing 33

ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 3/10/2025. ORDERED that Plaintiff shall show cause, if any there be, in writing on or before April 7, 2025, why her claims should not be dismissed pursuant to Local Rules of Civi l Practice of the United States District Court for the District of Colorado Rule 41.1 as well as Federal Rules of Civil Procedure 41(b) and 16(f) for failure to participate in the litigation and failure to appear at a hearing before the Court. (sphil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-01665-STV
ANN PIPPERT,
Plaintiff,
v.
CARYAN RESOURCE & DEVELOPMENT, LLC; and
LARRY RUPP,
Defendants.
______________________________________________________________________
ORDER TO SHOW CAUSE
______________________________________________________________________
Chief Magistrate Judge Scott T. Varholak
This matter is before the Court on [#32] Minute Order directing parties to file a joint
status report.
Plaintiff initiated this civil action on June 29, 2023. [#1] The Court set a Final
Pretrial Conference for August 21, 2024 and a deadline to file a Joint Proposed Pretrial
Order of August 14, 2024. [#22] Due to the parties’ failure to timely submit the Joint
Proposed Pretrial Order, the Court sua sponte extended the deadline to file to August 19,
2024.

[#28]

The parties again failed to submit the required filing, and the Court

subsequently reset the Final Pretrial Conference to September 18, 2024 and the deadline
to file the Joint Proposed Pretrial Order to September 11, 2024. [#29] The parties again
failed to submit the required filing, and the Court converted the Final Pretrial Conference
to a Status Conference. [#30] At the Status Conference, the parties were ordered to file

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a joint status report regarding mediation on or before October 25, 2024. [#31] Due to the
parties’ failure to timely file a status report by that date, the Court sua sponte extended
the deadline to November 5, 2024, which included a warning that failure to timely file may
result in an Order to Show Cause. [#32] The parties again failed to submit a status report.
Pursuant to Federal Rule of Civil Procedure 41(b), “[i]f the plaintiff fails to prosecute
or to comply with these rules or a court order, a defendant may move to dismiss the action
or any claim against it.” Rule 41(b) “has long been interpreted to permit courts to dismiss
actions sua sponte for a plaintiff’s failure to prosecute or comply with the rules of civil
procedure or the court’s orders.” Vanmaanen v. N. Plains Trucking, No. 16-cv-00640MEH, 2017 WL 491188, at *2 (D. Colo. Feb. 7, 2017) (citing Link v. Wabash R. Co., 370
U.S. 616, 630- 31 (1962)). Accordingly, D.C.COLO.LCivR 41.1 provides:
A judicial officer may issue an order to show cause why a case should not
be dismissed for failure to prosecute or failure to comply with these rules,
the Federal Rules of Civil Procedure, or a court order. If good cause is not
shown, a district judge or a magistrate judge exercising consent jurisdiction
may enter an order of dismissal with or without prejudice.
Furthermore, Rule 16(f) provides, in part: “on motion or on its own, the court may issue
any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii), if a party or its
attorney: . . . (C) fails to obey a scheduling or other pretrial order.” Rule 37(b)(2)(A)(v)
permits the following sanctions:
(ii) prohibiting the disobedient party from supporting or opposing
designated claims or defenses, or from introducing designated
matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi) rendering a default judgment against the disobedient party; or
(vii) treating as contempt of court the failure to obey any order except
an order to submit to a physical or mental examination.
Fed. R. Civ. P. 37(b)(2)(A) (ii)–(vii) (emphasis added).
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Accordingly, because Plaintiff has failed to comply with Orders by this Court, and
has thus far failed to provide the Court with good cause for this failure to participate in the
litigation, IT IS ORDERED that Plaintiff shall show cause, if any there be, in writing on or
before April 7, 2025, why her claims should not be dismissed pursuant to Local Rules of
Civil Practice of the United States District Court for the District of Colorado Rule 41.1 as
well as Federal Rules of Civil Procedure 41(b) and 16(f) for failure to participate in the
litigation and failure to appear at a hearing before the Court.
Plaintiff is specifically advised that failure to comply with this Order and
timely show cause, in writing, on or before April 7, 2025 may result in the dismissal
of this action without any further notice or opportunity to be heard.

DATED: March 10, 2025

BY THE COURT:

s/Scott T. Varholak
Chief United States Magistrate Judge

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