Maldonado v. United Health Centers of the San Joaquin Valley ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PRISCILLA MALDONADO, Case No. 1:19-cv-00551-LJO-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS 13 v. SHOULD NOT ISSUE FOR PLAINTIFF’S FAILURE TO COMPLY AND FAILURE TO 14 UNITED HEALTH CARE CENTERS OF PROSECUTE THE SAN JOAQUIN VALLEY, et al., 15 (ECF No. 10) Defendants. 16 FIVE DAY DEADLINE 17 18 Plaintiff filed this action on April 26, 2019. On May 14, 2019, a first amended complaint 19 was filed. On August 19, 2019, an order was filed requiring Plaintiff to show cause why this 20 action should not be dismissed for failure to serve in compliance with Rule 4(m) of the Federal 21 Rules of Civil Procedure. On August 20, 2019, Plaintiff filed a declaration of counsel and proof 22 of service indicating that she was not aware that the proofs of service needed to be filed. 23 Pursuant to the proofs of service filed, the defendants in this action were served on May 31, 24 2019. No responsive pleading has been filed nor have the parties filed a stipulation to extend 25 time to respond to the complaint. So on September 5, 2019 an order was filed requiring Plaintiff 26 to either file a notice of the status of this action or a request for entry of default within five days. 27 More than five days have passed and Plaintiff has not filed a notice of the status of the action or otherwise responded to the September 5, 2019 order. 1 Local Rule 110 provides that “[flailure of counsel or of a party to comply with these 2 | Rules or with any order of the Court may be grounds for imposition by the Court of any and all 3 | sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 4 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 5 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 6 | 2000). 7 Accordingly, IT IS HEREBY ORDERED that, within five (5) days of the date of entry of 8 | this order, Plaintiff shall SHOW CAUSE IN WRITING why sanctions should not issue, up to 9 | and including dismissal of this action, for the failure to comply with the Court’s order and failure 10 | to prosecute. Plaintiff is advised that failure to file a response in compliance with this order will 11 | result in the recommendation that this action be dismissed. 12 B IT IS SO ORDERED. DAM Le 14 | Dated: _ September 12, 2019 Is UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28