Erasmus v. Ryan A. Dunlop, D.M.D., Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MEGAN D. ERASMUS, Case No. 1: 21-cv-01236-AWI-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE IN WRITING WHY 13 v. MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY AND 14 RYAN A. DUNLOP, D.M.D., INC., FAILURE TO PROSECUTE 15 Defendant. THREE DAY DEADLINE 16 17 On August 15, 2021, Plaintiff Megan D. Erasmus filed this action pursuant to the 18 Americans with Disabilities Act. (ECF No. 1.) A summons was issued on the same date. (ECF 19 No. 2.) Plaintiff has not returned a proof of service for the Defendant. There is currently a 20 mandatory initial scheduling conference set in this action for November 16, 2021, before the 21 undersigned. (ECF No. 3.) On November 3, 2021, the Court ordered Plaintiff to file a status 22 report regarding service and the scheduling conference, within five days from entry of the order. 23 (ECF No. 4.) Plaintiff has not responded to the Court’s order in this action, nor filed any proof 24 of service regarding the Defendant.1 25 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 26 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 27 1 In response to the Court’s similar order issued in another action on the same date, Erasmus v. Chien, Case No. 21- cv-01256-AWI-SAB, Plaintiff’s counsel filed waivers of service, but failed to file a status report requesting a 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). 5 Accordingly, IT IS HEREBY ORDERED that PLAINTIFF SHALL SHOW CAUSE IN 6 | WRITING within three (3) days of the date of entry of this order why this matter should not be 7 | dismissed for failure to comply with the November 3, 2021 order, and failure to prosecute. 8 | Plaintiff is forewarned that the failure to show cause may result in the imposition of 9 | sanctions, including the dismissal of this action. 10 i IT IS SO ORDERED. DAM Le 12 | Dated: _November 9, 2021 _ Of UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28