Country Fresh Batter, Inc v. Lion Raisins, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COUNTRY FRESH BATTER, INC., Case No. 1:17-cv-01527-DAD-BAM 12 Plaintiff, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED 13 v. FOR FAILURE TO OBEY A COURT ORDER 14 LION RAISINS, INC., (Doc. Nos. 79, 81) 15 Defendant. 16 FOURTEEN (14) DAY DEADLINE 17 18 On September 4, 2019, the parties reached a settlement of this action following a 19 Settlement Conference before Magistrate Judge Sheila K. Oberto. (Doc. No. 79.) The parties 20 were ordered to file a notice of settlement pursuant to Local Rule 160 within two (2) days and to 21 file dismissal documents within sixty (60) days. (Id.) On September 6, 2019, Plaintiff Country 22 Fresh Batter, Inc. filed a notice of settlement of this action. (Doc. No. 80.) On September 9, 23 2019, the Court ordered the parties, no later than November 4, 2019, to file appropriate papers to 24 dismiss or conclude this action in its entirety. (Doc. No. 81.) To date, the parties have not filed 25 any dispositional documents or otherwise responded to the Court’s orders. 26 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 27 or with any order of the Court may be grounds for imposition by the Court of any and all 28 sanctions . . . within the inherent power of the Court.” Furthermore, “[a] failure to file 1 dispositional papers on the date prescribed by the Court may be grounds for sanctions.” L.R. 2 160(b). The Court has the inherent power to control its docket and may, in the exercise of that 3 power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los 4 Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 5 Accordingly, the parties are HEREBY ORDERED to SHOW CAUSE in writing within 6 fourteen (14) days of the date of entry of this order why sanctions should not be imposed against 7 them for failure to file dispositive documents. The parties may also comply with this order by 8 filing the required dispositional documents. 9 Failure to respond to this order to show cause may result in the imposition of 10 sanctions, including a recommendation that this action be dismissed for failure to comply 11 with court orders. 12 IT IS SO ORDERED. 13 Dated: March 9, 2020 /s/ Barbara A. McAuliffe _ 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28