(PS) Garcia v. Procter and Gamble Company ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN GARCIA, No. 2:17-cv-02591-MCE-JDP 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 14 PROCTER AND GAMBLE COMPANY, FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH A COURT ORDER 15 Defendant. RESPONSE DUE WITHIN 14 DAYS 16 17 18 On December 1, 2020, the court issued an order resetting an initial scheduling conference 19 for December 17, 2020 and directing the parties to file a joint status report seven days prior. ECF 20 No. 15. Defendant timely filed a status report. ECF No. 17. Plaintiff, however, failed to 21 separately file his own status report or join in defendant’s filing. Accordingly, plaintiff is ordered 22 to show cause why sanctions should not be imposed for his failure to comply with the court’s 23 order. 24 To manage its docket effectively, the court imposes deadlines on litigants and requires 25 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 26 or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 27 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but 28 1 | adistrict court has a duty to administer justice expeditiously and avoid needless burden for the 2 | parties. See Pagtalunan vy. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The 3 | court will give plaintiff a chance to explain why the court should not dismiss the case for 4 | plaintiffs failure to prosecute and failure to comply with a court order. Plaintiff's failure to 5 || respond to this order will constitute a second failure to comply with a court order and may result 6 | in dismissal of this case. 7 Accordingly, it is hereby ordered that: 8 1. The initial scheduling conference currently set for December 17, 2020 is continued to 9 | January 21, 2021 at 10:00 a.m. 10 2. Within 14 days of the date of entry of this order plaintiff shall file a status report and 11 | show cause why sanctions should not be imposed for failure to comply with a court order. 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ December 16, 2020 Q_—_—. 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28