Cantu v. Kings County

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROGER CANTU, et al., Case No. 1:20-cv-00538-JLT-SAB

Plaintiffs, ORDER REQUIRING PARTIES TO SHOW CAUSE IN WRITING WHY SANCTIONS v. SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH COURT ORDER KINGS COUNTY, et al., (ECF No. 51) Defendants. DEADLINE: SEPTEMBER 29, 2023 On August 15, 2023, the parties filed a notice of settlement of this entire action. (ECF No. 51.) The filing noted that this action requires the filing of a petition for minor’s compromise, that the parties anticipated filing such petition within thirty (30) days, and requested a status conference be set in approximately 90 days, if the Court was inclined. On August 16, 2023, the Court set a deadline of thirty (30) days to file the petition for minor’s compromise, however, noted that if the parties require additional time, they may file a stipulated request demonstrating good cause. The Court did not find it necessary to set a status conference. The deadline to file a petition for minor’s compromise has expired and the parties have not filed such petition nor requested an extension of time to do so. The Court has the inherent power to control its docket and may, in the exercise of that power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir. 2000). The Court shall require the parties to show cause why sanctions should not issue for the failure to file the petition, and concurrently make any needed request for an extension of time to file such petition. Accordingly, IT IS HEREBY ORDERED that: 1. The parties shall show cause in writing no later than September 29, 2023, why sanctions should not issue for the failure to comply with the Court’s order issued August 16, 2023, requiring the parties to file the petition for minor’s compromise; and 2. Failure to comply with this order will result in the issuance of sanctions. IT IS SO ORDERED. DAM Le Dated: _September 26, 2023 _ ef UNITED STATES MAGISTRATE JUDGE