(PS) Nieto v. Caliber Home Loans, Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE NIETO, JR., No. 2:20-cv-00422-JAM-JDP 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 14 CALIBER HOME LOANS, et al., FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH A COURT ORDER 15 Defendants. RESPONSE DUE WITHIN 14 DAYS 16 17 18 On September 1, 2021, the court issued an order setting an initial scheduling conference 19 for September 30, 2021 and directing the parties to file a joint status report seven days prior. ECF 20 No. 43. Defendants timely filed a status report. ECF No. 44. Plaintiff, however, failed to file his 21 own status report or to join in defendant’s filing. Accordingly, plaintiff is ordered to show cause 22 why sanctions should not be imposed for his failure to comply with the court’s order and to 23 prosecute this case. 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 September 30, 2021 is continued to 9 | November 4, 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: _ September 27, 2021 Q_—_—. 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28