Miller v. First National Bank ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENISE MILLER, Case No. 1:23-cv-01331-NODJ-CDB 12 Plaintiff, ORDER REQUIRING DEFENDANT FIRST NATIONAL BANK TO SHOW CAUSE 13 v. WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO APPEAR AT 14 FIRST NATIONAL BANK, et al. SCHEDULING CONFERENCE 15 Defendants. (Doc. 13) 16 THREE (3)-DAY DEADLINE 17 18 On September 7, 2023, Plaintiff Denise Miller initiated against Defendants First National 19 Bank and Experian Information Solutions Inc. for violations of the Fair Credit Reporting Act and 20 the California Rosenthal Fair Debt Collection Practices Act. (Doc. 1). The following day, the 21 Court set an initial scheduling conference. (Doc. 3). On December 5, 2023, the Court reset the 22 scheduling conference to December 18, 2023, as counsel for Defendant First National Bank had 23 not executed the parties’ joint scheduling report. (Doc. 13). 24 On December 18, 2023, the Court held a scheduling conference via Zoom. Garret F. 25 Charity appeared on behalf of Plaintiff and Kja Harper-Gopaul appeared on behalf of Defendant 26 Experian Information Solutions, Inc. No counsel for Defendant First National Bank appeared. 27 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 1 pr with any order of the Court may be grounds for imposition by the Court of any and all sanctions 2 |.. within the inherent power of the Court.” The Court has the inherent power to control its docket 3 fnd may, in the exercise of that power, impose sanctions where appropriate, including dismissal 4 pf the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 5 While the Court acknowledges that counsel transmitted an email communication to the 6 Lndersigned’s courtroom deputy shortly after the Court terminated the scheduling conference to 7 pxpress his apology, more is required. The scheduling conference had been calendared well in 8 fhdvance, the courtroom deputy had provided Zoom videoconference connection information to 9 founsel in advance, and if counsel for First National Bank was unable to appear, he had a duty to 10 pontact the Court and/or other counsel prior to the conference to request whatever information 11 hecessary to facilitate their appearance. 12 Accordingly, IT IS HEREBY ORDERED, Defendant First National Bank shall show cause 13 |n writing within three (3) days of entry of this order why sanctions should not be imposed for its 14 failure to appear at the scheduling conference. 15 Failure to comply with this order to show cause may result in the imposition of 16 sanctions. 17 [T IS SO ORDERED. Dated: _ December 18, 2023 | Ww VV KD 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28