Gardner v. Letcher

Filing 42

ORDER re 38 Order to Show Cause. Signed by Magistrate Judge Nancy J. Koppe on 10/29/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
UNITED STATES DISTRICT COURT
3
DISTRICT OF NEVADA
4
5
CHRISTOPHER GARDNER,
6
Plaintiff(s),
7
vs.
8
ALFRED LECHTER,
9
Defendant(s).
10

)
)
)
)
)
)
)
)
)
)

Case No. 2:12-cv-00488-KJD-NJK
ORDER RE:
ORDER TO SHOW CAUSE

On September 23, 2013, the Court issued an order for Plaintiff to show cause why he should

11
12

not be sanctioned for failing to appear at the hearing set for September 23, 2013 as ordered. See

13

Docket No. 38. Plaintiff has filed a response. See Docket Nos. 39-40. Plaintiff asserts that, inter

14

alia, he has health restrictions that prevent him from traveling. See Docket No. 39 at 3. The Court

15

finds that Plaintiff’s assertions do not excuse his failure to appear and hereby ADMONISHES him

16

for failing to comply with a Court order. In particular, if Plaintiff believed his personal attendance

17

at the hearing was not possible, the proper course was to file a request with the Court seeking relief

18

from the order (e.g., to appear telephonically) prior to the hearing. Plaintiff is cautioned that he is

19

expected to abide by all Court orders, the Federal Rules of Civil Procedure, and the Local Rules, and

20

that the failure to do so may result in sanctions, up to and including dismissal of his claims.1

21

IT IS SO ORDERED.

22

DATED: October 29, 2013.

23
______________________________________
NANCY J. KOPPE
United States Magistrate Judge

24
25
26
27
28

1

Plaintiff’s response to the order to show cause requests that the case be stayed until March
2014. See Docket No. 39. To the extent Plaintiff would like the Court to consider such a request, he
must file a proper motion seeking that relief.