Nordbye v. Mountain Lion Acquisitions Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 SCOTT NORDBYE, Case No. 1:19-cv-00940-DAD-SAB 12 Plaintiff, ORDER REQUIRING DEFENDANT 13 MOUNTAIN LION TO APPEAR ON v. OCTOBER 9, 2019 TO SHOW CAUSE WHY 14 SANCTIONS SHOULD NOT BE ISSUED MOUNTAIN LION ACQUISITIONS INC., et FOR FAILURE TO COMPLY WITH 15 al., COURT ORDER 16 Defendants. (ECF No. 18) 17 18 On July 10, 2019, the Court issued an order setting a mandatory scheduling conference 19 for September 24, 2019. (ECF No. 3.) Pursuant to the order setting the mandatory scheduling 20 conference, the parties were ordered to file a joint scheduling report one full week prior to the 21 scheduling conference. (ECF No. 3 at 2.) On September 1, 2019, a joint scheduling report was 22 filed which contained responses from Plaintiff and Defendant Trans Union, LLC, however, the 23 joint scheduling report signifies that the parties were unable to obtain responses from Defendant 24 Mountain Lion Acquisitions, Inc. (“Mountain Lion”), and the report contained no information 25 from Defendant Mountain Lion. (ECF No. 17.) On September 18, 2019, an order issued 26 requiring Defendant Mountain Lion to show cause why sanctions should not issue for the failure 27 to comply with the order setting the mandatory scheduling conference in this action. (ECF No. 18.) A written response to the order to show cause was to be filed by September 23, 2019. (Id.) 1 | Thereafter, the parties filed amended joint scheduling reports that appear to contain the required 2 | information from Defendant Mountain Lion. (ECF Nos. 19, 20.) However, Defendant Mountain 3 | Lion failed to file a direct response to the Court’s September 18, 2019 order to show cause, and 4 | the amended joint scheduling reports did not discharge the order to show cause. On September 5 | 23, 2019, in a response to a stipulated motion to continue the scheduling conference, the Court 6 | reminded Defendant Mountain Lion that a direct response to the order to show cause was 7 | required but had not been filed. (ECF No. 22.) The September 23, 2019 deadline has now 8 | passed and Defendant Mountain Lion has failed to file a response to the order to show cause. 9 Local Rule 110 provides that “[flailure of counsel or of a party to comply with these 10 | Rules or with any order of the Court may be grounds for imposition by the Court of any and all 11 | sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 12 | control its docket and may, in the exercise of that power, impose sanctions where appropriate. 13 | Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 14 Accordingly, IT IS HEREBY ORDERED that Defendant Mountain Lion shall appear 15 | before United States Magistrate Judge Stanley A. Boone, at the United States Courthouse, 2500 16 | Tulare St., Fresno, California, Courtroom 9, on Wednesday, October 9, 2019, at 10:00 a.m. to 17 | show cause why sanctions should not be imposed for the failure to comply with a court order. 18 19 IT IS SO ORDERED. OF. nf ee 20 | Dated: _September 24, 2019 _ Oe UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28