Mojarro v. Barr ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SABRAS ORTIZ MOJARRO, Case No. 1:20-cv-00126-DAD-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT 13 v. ISSUE FOR FAILURE TO COMPLY WITH COURT ORDERS AND CONTINUING 14 WILLIAM BARR, et al., SCHEDULING CONFERENCE 15 Defendants. SEVEN DAY DEADLINE 16 17 Plaintiff Sabras Ortiz Mojarro filed this action on January 22, 2020. (ECF No. 1.) On 18 January 27, 2020, Plaintiff’s application to proceed in forma pauperis was granted and the 19 summonses and new case documents, including the order setting the mandatory scheduling 20 conference were issued. (ECF No. 6-9.) The mandatory scheduling conference was set for April 21 28, 2020. (ECF No. 9.) 22 On April 4, 2020, due to the pending scheduling conference, an order was filed requiring 23 Plaintiff to file either proof of service on Defendants or a notice of the status of service within 24 five days. (ECF No. 11.) More than five days have passed and Plaintiff has not complied with or 25 otherwise responded to the April 8, 2020 order. 26 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 27 or with any order of the Court may be grounds for imposition by the Court of any and all 28 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 1 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 2 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 3 | 2000). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Within seven (7) days of the date of entry of this order, Plaintiff shall show cause 6 in writing why sanctions, up to and including dismissal of this action, shall not be 7 imposed for the failure to comply with the April 8, 2020 order; 8 2. The mandatory scheduling conference set for April 28, 2020 is CONTINUED to 9 July 21, 2020, at 3:00 p.m. in Courtroom 9; and 10 3. The parties shall file a joint status report seven (7) days prior to the continued date; 11 and 12 4. Plaintiff is forewarned that the failure to show cause may result in the 13 imposition of sanctions, including the dismissal of this action for failure 14 comply and failure to prosecute. 15 16 IT IS SO ORDERED. OF. nf ee 17 | Dated: _April 14, 2020_ OO UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28