Acevedo v. Russell Cellular, Inc. ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MARCO ACEVEDO, Case No. 1:20-cv-01440-NONE-SAB 11 Plaintiff, ORDER REQUIRING PARTIES TO SHOW CAUSE WHY SANCTIONS SHOULD NOT 12 v. BE IMPOSED FOR FAILURE TO FILE STATUS REPORT RE: ARBITRATION 13 RUSSELL CELLULAR, INC., SIX-DAY DEADLINE 14 Defendant. 15 16 Plaintiff Marco Acevedo initiated this action in state court on September 8, 2020. (ECF 17 No. 1-3.) On October 8, 2020, Defendant Russell Cellular, Inc. removed the action to this 18 Court. (ECF No. 1.) On May 19, 2021, the Court stayed this matter to allow the parties to 19 participate in arbitration. (ECF No. 15.) The parties were directed to file a status report within 20 one hundred eighty (180) days of the date of service of the May 19, 2021 order and every 21 ninety (90) days thereafter to notify the Court as to the status of arbitration. (Id. at 2.) Thus, 22 the parties’ first status report was due November 15, 2021. On November 18, 2021, the Court 23 issued an order noting the required status report was late and ordering the parties to file a joint 24 status report informing the Court of the status of arbitration within five (5) days of the date of 25 entry of that order. (ECF No. 20.) To date, however, no status report or other response to the 26 Court’s orders has been filed. 27 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for imposition by the Court of any and all 1 | sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 2 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 3 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 4 | 2000). 5 At present, the parties have failed to comply with multiple court orders. Therefore, 6 | counsel for both Plaintiff and Defendant will be directed to show cause why they should not be 7 | sanctioned for failing to file a joint status report or otherwise comply with the Court’s May 19, 8 | 2021 and November 18, 2021 orders. (See ECF Nos. 15, 20.) 9 Based on the foregoing, IT IS HEREBY ORDERED that within six (6) days from the 10 | date of electronic filing of this order, counsel for both Plaintiff and Defendant, shall show cause 11 | writing why they should not be sanctioned for failing to comply with the Court’s orders and 12 | timely submit a joint status report regarding the status of the arbitration. Failure to comply with 13 | this order may result in the imposition of sanctions including but not limited to dismissal of this 14 | action. 15 16 IT IS SO ORDERED. DAM Le 17 | Dated: _November 24, 2021 _ ef UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28