Gutierrez v. Target Corporation

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAMMY GUTIERREZ, Case No. 1:21-cv-01832-JLT-CDB

12 Plaintiff, ORDER TO SHOW CAUSE IN WRITING WHY SANCTIONS SHOULD NOT BE 13 v. IMPOSED FOR THE PARTIES’ FAILURE TO 14 COMPLY TARGET CORPORATION, 15 TWO-DAY DEADLINE Defendant. 16 17 Plaintiff Tammy Gutierrez commenced this action in the Superior Court of the State of 18 California, County of Kern. Defendant Target Corporation removed this action to this Court on 19 December 29, 2021. (Doc. 1). On June 6, 2022, the Court issued a scheduling order setting forth 20 all case management dates through trial. (Doc. 24). 21 By August 9, 2023, discovery in this action closed and no party had filed any dispositive 22 motion by the scheduled deadline. (Doc. 36). The Court issued an order requiring the parties to 23 meet and confer on whether a settlement conference would be fruitful. Id. Further, within 10 24 days of the date of that order, the parties were directed to file a joint report (1) certifying 25 completion of good faith discussions consistent with the order, and (2) advising whether a 26 settlement conference before the assigned magistrate judge is requested. Id. As of the date of this 27 Order, the parties have failed to file a joint report, and the time to do so has passed. 1 Local Rule 110 provides that “[fJailure of counsel or of a party to comply with these Rules 2 | or with any order of the Court may be grounds for imposition by the Court of any and all 3 | sanctions...within the inherent power of the Court.” The Court has the inherent power to control 4 | its docket and may, in the exercise of that power, impose sanctions where appropriate, including 5 | dismissal of the action. Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir. 2000). 6 Accordingly, IT IS HEREBY ORDERED that within two days of entry of this order, the 7 | parties shall show cause in writing why sanctions, including monetary sanctions or dismissal, 8 | should not be imposed for their failure to obey a court order and prosecute the action. 9 Failure to comply with this order will result in the imposition of sanctions. 10 | IT IS SO ORDERED. | Dated: _ August 22, 2023 | Word bo 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28