Gastelum v. Central Valley Hospitality LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO GASTELUM, Case No. 1:21-cv-01079-JLT-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE IN WRITING WHY SANCTIONS 13 v. SHOULD NOT ISSUE FOR FAILURE TO COMPLY 14 CENTRAL VALLEY HOSPITALITY, (ECF No. 31) LLC, 15 DEADLINE: SEPTEMBER 16, 2022 Defendant. 16 17 18 Plaintiff Fernando Gastelum initiated this action on July 12, 2021. (ECF No. 1.) On 19 August 9, 2022, the Court issued amended findings and recommendations that Plaintiff’s pending 20 motion for default judgment be denied. On August 22, 2022, Plaintiff filed a notice of settlement. 21 (ECF No. 30.) Accordingly, the Court vacated the findings and recommendations and all other 22 matters and ordered Plaintiff to file dispositional documents by September 12, 2022. (ECF No. 23 31.) The Court notes that the deadline to file dispositional documents has expired, but nothing 24 has been filed. 25 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 26 or with any order of the Court may be grounds for imposition by the Court of any and all 27 sanctions … within the inherent power of the Court.” The Court has the inherent power to 28 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 1 | including dismissal of the action. Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir. 2 | 2000). 3 The Court shall require Plaintiff to show cause why sanctions should not issue for the 4 | failure to file dispositional documents in compliance with the Court’s August 23, 2022 order 5 | (ECF No. 31). 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff shall show cause in writing no later than September 16, 2022, why 8 monetary sanctions should not issue for the failure to file dispositional 9 documents as required by the August 23, 2022 order; and 10 2. Failure to comply with this order will result in the issuance of sanctions. 11 Db IT IS SO ORDERED. FA. ee 13 | Dated: _ September 13, 2022 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28