Foshee Jr v. Mastec Network Solutions, Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGG LEE FOSHEE JR., Case No. 1:20-cv-00890-AWI-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE 13 v. IMPOSED FOR FAILURE TO APPEAR AT INFORMAL DISCOVERY DISPUTE 14 MASTEC NETWORK SOLUTIONS, CONFERENCE AND FAILURE TO COMPLY WITH LOCAL RULE 182(f) INC., 15 THREE-DAY DEADLINE Defendant. 16 17 18 An informal discovery dispute conference in this action was set for September 29, 2021, at 19 4:30 p.m. before the undersigned. (ECF No. 31.) Counsel for Plaintiff, Geoffrey C. Lyon, failed 20 to appear at the informal discovery dispute conference. Upon attempting to contact Mr. Lyon 21 regarding his attendance at the conference, the Court discovered the phone number on record with 22 the Court for Mr. Lyon was not accurate. Further, the Court attempted to communicate with Mr. 23 Lyon by electronic mail but as of the filing of this order, Mr. Lyon has not responded. 24 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 25 or with any order of the Court may be grounds for imposition by the Court of any and all sanctions 26 . . . within the inherent power of the Court.” The Court has the inherent power to control its docket 27 and may, in the exercise of that power, impose sanctions where appropriate, including dismissal of 28 the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 1 Counsel must keep the Court and all other parties apprised of his current contact 2 | information. E.D. Cal. L.R. 182(f). Indeed, it is imperative that the Court and defense counsel be 3 | able to reach counsel for Plaintiff in this case, particularly in light of the ongoing discovery dispute 4 | and need for timely communications. Therefore, counsel for Plaintiff will be directed to show 5 || cause why he should not be sanctioned for failing to appear at the informal discovery dispute 6 | conference or update his phone number on file with the Court. 7 Based on the foregoing, IT IS HEREBY ORDERED that within three (3) days from the 8 | date of electronic filing of this order, counsel for Plaintiff, Mr. Lyon, shall show cause in writing 9 | why he should not be sanctioned for failing to appear at the informal discovery dispute conference 10 || and update his phone number of record. Failure to comply with this order may result in the 11 || imposition of sanctions including but not limited to dismissal of this action. 12 B IT IS SO ORDERED. FA. ee 14 | Dated: _ September 30, 2021 Is UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28