Unruh v. James D. Vandever Trucking, Inc. et al

Filing 24

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff's Show-Cause Response is due by August 29, 2017. (am)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LINDA UNRUH, Plaintiffs, v. No. 17-cv-0422 JCH/SMV JAMES D. VANDEVER TRUCKING, INC. and EARL ROGER GARRETT, Defendants. ORDER TO SHOW CAUSE THIS MATTER is before the Court sua sponte. The parties have reached a settlement agreement. See [Doc. 14]. The Honorable Judith C. Herrera, United States District Judge, who is presiding in this case, determined that the settlement should be reviewed by a guardian ad litem (“GAL”) and be subject to approval by the Court. [Doc. 20]. To that end, she ordered the parties to file a motion to appoint a GAL no later than July 14, 2017, and to approve their settlement no later than August 21, 2017. Id. at 1. She also referred the matter me for findings. Id. The parties did not comply with the deadline to move to appoint the GAL. Only after a courtesy telephone call from chambers staff was the motion was eventually filed, eleven days late. [Doc. 22]. The deadline to file the motion to approve the settlement passed yesterday. The motion has not been filed, and no extension has been requested. IT IS THEREFORE ORDERED that Plaintiff show cause no later than August 29, 2017, why she should not be sanctioned—including possible dismissal with prejudice of this action—for failure to comply with the Court’s deadlines. See Fed. R. Civ. P. 41(b). IT IS SO ORDERED. ______________________________ STEPHAN M. VIDMAR United States Magistrate Judge

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