Gastelum v. Central Valley Hospitality LLC

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FERNANDO GASTELUM, Case No. 1:21-cv-01079-JLT-SAB

Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE IN WRITING WHY SANCTIONS v. SHOULD NOT ISSUE FOR FAILURE TO COMPLY (ECF No. 31) LLC, DEADLINE: SEPTEMBER 16, 2022 Defendant. Plaintiff Fernando Gastelum initiated this action on July 12, 2021. (ECF No. 1.) On August 9, 2022, the Court issued amended findings and recommendations that Plaintiff’s pending motion for default judgment be denied. On August 22, 2022, Plaintiff filed a notice of settlement. (ECF No. 30.) Accordingly, the Court vacated the findings and recommendations and all other matters and ordered Plaintiff to file dispositional documents by September 12, 2022. (ECF No. 31.) The Court notes that the deadline to file dispositional documents has expired, but nothing has been filed. Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions … within the inherent power of the Court.” 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 Plaintiff to show cause why sanctions should not issue for the failure to file dispositional documents in compliance with the Court’s August 23, 2022 order (ECF No. 31). Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff shall show cause in writing no later than September 16, 2022, why monetary sanctions should not issue for the failure to file dispositional documents as required by the August 23, 2022 order; and 2. Failure to comply with this order will result in the issuance of sanctions. Db IT IS SO ORDERED. FA. ee Dated: _ September 13, 2022

UNITED STATES MAGISTRATE JUDGE