Jones v. Heartland Recreational Vehicles, LLC

• Court: District Court, E.D. California
• Decided: August 10, 2023
• Docket: 1:23-cv-00410
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICK ALLEN JONES, et al. Case No. 1:23-cv-00410-CDB

12 Plaintiffs, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED 13 v. FOR PLAINTIFF’S FAILURE TO COMPLY WITH COURT ORDERS 14 HEARTLAND RECREATIONAL VEHICLES, LLC, et al. 15 TWO-DAY DEADLINE Defendants. 16 ORDER RESETTING SCHEDULING 17 CONFERENCE

18 19 20 On March 20, 2023, Plaintiffs Rick Allen Jones and Andrea Jones (“Plaintiffs”) initiated 21 this action against Defendants Heartland Recreational Vehicles, LLC, Camping World RV Sales, 22 LLC, Huntington National Bank, and Stier’s RV Center, LLC (“Defendants”). (Doc. 1). That 23 same day, the Court issued civil new case documents and set the initial scheduling conference for 24 June 22, 2023. (Doc. 3). On June 1, 2023, because Plaintiff had not filed proofs of service 25 consistent with the Court’s orders, the Court continued the scheduling conference to August 10, 26 2023. (Doc. 4). Plaintiff has yet to file proofs of service. 27 On August 10, 2023, the Court convened for the scheduling conference. (Doc. 19). Defendants appeared through attorney William Louis Baker. Plaintiffs did not make an 1 | appearance. Jd. Following repeated, unsuccessful attempts by the Court and counsel for 2 | Defendants to contact counsel for Plaintiffs, the Court concluded the scheduling conference. 3 | Counsel for Plaintiffs did not in advance of the scheduling conference contact the Court to seek a 4 | continuance and has not contacted the Court following the conference to explain his absence. 5 Local Rule 110 provides that “[fJailure of counsel or of a party to comply with these Rules 6 | or with any order of the Court may be grounds for imposition by the Court of any and all 7 | sanctions... within the inherent power of the Court.” The Court has the inherent power to 8 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 9 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 10 | 2000). 11 Plaintiffs’ counsel failed to comply with the Court’s order to appear for the August 10, 12 | 2023, scheduling conference, and through this misfeasance, is preventing the Court from 13 | effectively managing its docket. Accordingly, IT IS HEREBY ORDERED, no later than Monday, 14 | August 14, 2023, counsel for Plaintiff SHALL show cause in writing why sanctions, up to and 15 || including dismissal of this action, should not issue for his failure to appear for the scheduling 16 || conference. 17 The scheduling conference is RESET for September 27, 2023, at 9:00am. The parties are 18 || directed to meet and confirm in advance of that date to determine whether an updated Joint 19 | Report with modified scheduled is necessary, in which case, an updated Joint Report shall be filed 20 | at least one week in advance of the scheduling conference. 21 | IT IS SO ORDERED. ** | Dated: _ August 10, 2023 | Wr Pr 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28