Arroyo, Jr. v. J.S.T. LLC ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL ARROYO, JR., Case No. 1:18-cv-01682-DAD-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION 13 v. SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE 14 J.S.T. LLC, et al., FIVE (5) DAY DEADLINE 15 Defendants. 16 17 Rafael Arroyo, Jr., (“Plaintiff”), filed this action against J.S.T. LLC and Chase, Inc. 18 (collectively “Defendants”) alleging violation of the Americans with Disabilities Act of 1990, 42 19 U.S.C. § 12101, et seq. (ECF No. 1.) Default was entered against Defendants on March 27, 20 2019. (ECF Nos. 10, 11.) On July 11, 2019, the Court ordered Plaintiff to either file a motion 21 for default judgment, or a written response showing why this action should not be dismissed for 22 failure to prosecute. (ECF No. 13.) On August 9, 2019, Plaintiff filed a motion for default 23 judgment and set the motion for hearing on September 25, 2019. (ECF No. 15.) On September 24 25, 2019, the Court held a hearing on Plaintiff’s motion for default judgment, however, Plaintiff 25 failed to make any appearance or notify the Court that Plaintiff would not be appearing for the 26 hearing. 27 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 1 | sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 2 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 3 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 4 | 2000). The Court shall order Plaintiff to show cause why this action should not be dismissed for 5 | Plaintiff's failure to appear at the hearing on Plaintiff's motion for default judgment and for 6 | failure to prosecute this action. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Within five (5) days from the date of service of this order, Plaintiff shall file a 9 written response showing cause why this action should not be dismissed for 10 Plaintiffs failure to appear at the hearing and for failure to prosecute; and 11 2. Failure to comply with this order shall result in a recommendation that this action 12 be dismissed for failure to prosecute. 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: _September 25, 2019 _ OO 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28