Mahone v. McCarthy et al

Filing 39

ORDER TO SHOW CAUSE by Judge J Richard Creatura. Show Cause Response due by 4/17/2015. (MET) cc: plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SYLVESTER JAMES MAHONE,

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Plaintiff,

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CASE NO. C14-5812 BHS-JRC
ORDER TO SHOW CAUSE

v.
PAT MCCARTHY, PAUL PASTOR,
EDDIE PARKER, BALDEROMA,
MARVIN SPENCER, MARTHA KARR,
DANIELS, KATHY MILLER, CARN,

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Defendants.
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The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States

18 Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local
19 Magistrate Judge Rules MJR1, MJR3 and MJR4.
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Defendants failed to comply with the Court’s instructions to file an answer or a motion

21 permitted under Rule 12 of the Federal Rules of Civil Procedure, within sixty days of the date
22 designated on the notice of lawsuit (Dkt. 5). On January 29, 2015, as a direct result of
23 defendants’ failure to act, the Court issued an order directing plaintiff to take action (Dkt. 26).
24 Defendants filed an untimely motion to dismiss the next day, on January 30, 2015 (Dkt. 27). In

ORDER TO SHOW CAUSE - 1

1 compliance with the Court’s instruction to take action, plaintiff filed a motion for default
2 judgment (Dkt. 28).
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Defendants’ failure to comply has resulted in delay on this action. Defendants’ failure to

4 comply has also resulted in additional work for both the Court and plaintiff.
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The second paragraph of Western District Local Civil Rule 11(c) provides in relevant

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An attorney or party who without just cause fails to comply with . . . an order of
the court, . . . may, . . . be required by the court to satisfy personally such
excess costs and may be subject to such other sanctions as the court may deem
appropriate.

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The Court believes that giving defendants and their counsel an opportunity to be heard
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before the imposition of a monetary sanction is appropriate.
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The Court orders counsel for defendants and their counsel to show cause why monetary
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sanctions should not be imposed. Defendants’ response to this order to show cause must be filed
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on or before April 17, 2014.
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Dated this 3rd day of April, 2015.
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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO SHOW CAUSE - 2