Nordbye v. Mountain Lion Acquisitions Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 SCOTT NORDBYE, Case No. 1:19-cv-00940-DAD-SAB 12 Plaintiff, ORDER REQUIRING DEFENDANT 13 MOUNTAIN LION ACQUISITIONS INC. v. TO SHOW CAUSE IN WRITING WHY 14 MONETARY SANCTIONS SHOULD NOT MOUNTAIN LION ACQUISITIONS INC., et ISSUE FOR FAILURE TO COMPLY WITH 15 al., ORDER SETTING MANDATORY SCHEDULING CONFERENCE 16 Defendants. DEADLINE: SEPTEMBER 23, 2019 17 (ECF Nos. 3, 17) 18 19 On July 10, 2019, the Court issued an order setting a mandatory scheduling conference 20 for September 24, 2019. (ECF No. 3.) Pursuant to the order setting the mandatory scheduling 21 conference, the parties were ordered to file a joint scheduling report one full week prior to the 22 scheduling conference. (ECF No. 3 at 2.) On September 1, 2019, a joint scheduling report was 23 filed which contained responses from Plaintiff and Defendant Trans Union, LLC, however, the 24 joint scheduling report signifies that the parties were unable to obtain responses from Defendant 25 Mountain Lion Acquisitions, Inc. (“Mountain Lion”), and the report contains no information 26 from Defendant Mountain Lion. (ECF No. 17.) 27 /// /// 1 The order setting the mandatory scheduling conference contains the following 2 | information regarding the failure by a party to participate in drafting the joint scheduling report: 3 If any party fails to participate in preparing the Joint Scheduling Report, the non-offending party shall detail the party’s effort to get the offending party to 4 participate in the Joint Scheduling Report. The non-offending party shall still file the report one (1) full week prior to the Mandatory Scheduling Conference and 5 shall list the non—offending party’s proposed dates. Absent good cause, the dates proposed by the non-offending party will be presumed to be the dates offered by 6 the parties. The offending party may be subject to sanctions, including monetary sanctions to compensate the non-offending party’s time and effort incurred in 7 seeking compliance with this Scheduling Order. 8 | (ECF No. 3 at 2.) Further, Local Rule 110 provides that “[flailure of counsel or of a party to 9 | comply with these Rules or with any order of the Court may be grounds for imposition by the 10 | Court of any and all sanctions . . . within the inherent power of the Court.” The Court has the 11 | inherent power to control its docket and may, in the exercise of that power, impose sanctions 12 | where appropriate. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). The 13 | Court shall require Defendant Mountain Lion to show cause why monetary sanctions should not 14 | issue for the failure to participate in the filing of the joint scheduling report. 15 Accordingly, IT IS HEREBY ORDERED that Defendant Mountain Lion shall show 16 | cause in writing on or before September 23, 2019, why monetary sanctions should not issue for 17 | the failure to participate in the filing of the joint scheduling report as required by the July 10, 18 | 2019 order setting the mandatory scheduling conference. Failure to comply with this order will 19 | result in the issuance of sanctions. 20 IT IS SO ORDERED. FA ee 22 | Dated: _ September 18, 2019 ees ee eee UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28