Buhecker et al v. Delta Air Lines, Inc.

Filing 30

ORDER. The Court hereby ADMONISHES Plaintiffs Pope and Fernandez for their non-appearance at the Early Neutral Evaluation Conference scheduled on 12/10/2015. Plaintiffs Pope and Fernandez are warned that future failure to comply with Court orders or applicable rules may result in the imposition of severe sanctions, up to and including dismissal of their claims. Signed by Magistrate Judge Nancy J. Koppe on 12/28/2015. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVON BUHECKER, et al.,
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Plaintiff(s),
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vs.
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DELTA AIR LINES, INC.,
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Defendant(s).
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Case No. 2:15-cv-0769-LDG-VCF
ORDER

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On October 14, 2015, the Court set an early neutral evaluation in this case for December 10,

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2015, and specifically ordered that all individual parties must attend. Docket No. 12. Notwithstanding

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that clear order, Plaintiffs Pope and Fernandez failed to appear for the early neutral evaluation. See

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Docket No. 23. The Court then issued an order for Plaintiffs Pope and Fernandez to show cause why

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they should not be sanctioned for their non-appearance. Docket No. 24. Plaintiffs Pope and Fernandez

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filed a response. Docket No. 26. Plaintiff Pope indicates that he lives out-of-state, could not get a flight

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for the ENE, and is going through a divorce. See id. at 2. Plaintiff Fernandez indicates that he did not

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attend because he was worried about lost wages from his current job. See Docket No. 26-1. The time

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to raise these issues was when the Court issued its order requiring that Plaintiff Pope and Plaintiff

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Fernandez appear for the ENE. Indeed, that order expressly provided a mechanism by which the Court

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could consider excusing personal attendance. See Docket No. 12 at 2.

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Plaintiffs are required to prosecute their claims, which includes appearing in this Court as

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ordered. If Plaintiffs are unable to comply with a particular Court order, they must promptly notify their

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counsel so that he may seek relief from the Court. The proper course of conduct is not to simply disobey

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an order, even if Plaintiffs believed they had reason to do so.

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The Court hereby ADMONISHES Plaintiffs Pope and Fernandez for their non-appearance.

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While the Court in this instance declines to impose monetary sanctions against them, Plaintiffs Pope and

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Fernandez are warned that future failure to comply with Court orders or applicable rules may result in

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the imposition of severe sanctions, up to and including dismissal of their claims.

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IT IS SO ORDERED.

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DATED: December 28, 2015

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______________________________________
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Nancy J. Koppe
ncy J. Koppe
y
o e
United States Magistrate Judge
Magistrate
ted States Ma str
e Mag

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