Farmers Insurance Exchange v. Travelers Casualty Insurance Company of America ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FARMERS INSURANCE EXCHANGE, Case No. 1:20-cv-01272-DAD-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS 13 v. SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH COURT ORDER 14 TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA, (ECF No. 8) 15 Defendant. FIVE DAY DEADLINE 16 17 18 On June 16, 2020, Farmers Insurance Exchange (“Plaintiff”) filed this action in the 19 Superior Court of California, County of Kern. On September 3, 2020, Travelers Casualty 20 Insurance Company of America (“Defendant”) removed the matter to the Eastern District of 21 California. On September 15, 2020, an order issued requiring Plaintiff to either dismiss Abdu 22 Gazali as a defendant in this action or file notice of the status of the defendant within five days. 23 Plaintiff has not complied with or otherwise responded to the September 15, 2020 order. 24 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 25 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 26 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 27 control its docket and may, in the exercise of that power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. wow 4 OU VV OAD MVOC PIO Vee OY eve 1 | 2000). 2 Accordingly, the Court HEREBY ORDERS PLAINTIFF TO SHOW CAUSE IN 3 | WRITING within five (5) days of the date of entry of this order why sanctions should not issue 4 | for the failure to comply with the September 15, 2020 order. Plaintiff is advised that failure to 5 | comply with this order will result in the issuance of sanctions, up to and including dismissal 6 | of this action. 7 8 IT IS SO ORDERED. F- 2 Se 9 | Dated: _September 23, 2020 _ Of 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28