Cantu v. Kings County ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 ROGER CANTU, et al., Case No. 1:20-cv-00538-JLT-SAB 11 Plaintiffs, ORDER REQUIRING PLAINTIFF G.C. TO 12 SHOW CAUSE IN WRITING WHY v. SANCTIONS SHOULD NOT ISSUE FOR 13 FAILURE TO COMPLY WITH COURT KINGS COUNTY, et al., ORDER 14 Defendants. (ECF Nos. 58, 61) 15 DEADLINE: OCTOBER 18, 2023 16 17 On August 15, 2023, the parties filed a notice of settlement of this entire action. (ECF 18 No. 51.) On August 16, 2023, the Court set a deadline of thirty (30) days to file the petition for 19 minor’s compromise, however, noted that if the parties require additional time, they may file a 20 stipulated request demonstrating good cause. The deadline to file a petition for minor’s 21 compromise expired and on September 26, 2023, the Court issued an order to show cause why 22 sanctions should not be imposed. (ECF No. 55.) On September 28, 2023, the Court discharged 23 the order to show cause. (ECF Nos. 58.) In discharging the order to show cause, the Court noted 24 Plaintiff’s counsel’s proffer that the petition for minor’s compromise would be filed with or 25 without the signature of the guardian ad litem by September 29, 2023, and the Court extended 26 the deadline for one week, to October 6, 2023, in order to obtain the signature. (ECF No. 58 at 27 2.) On September 29, 2023, Plaintiff G.C. filed a motion to seal the petition for minor’s 1 | compromise. (ECF No. 59.) On October 3, 2023, the Court denied Plaintiff's motion to seal 2 | without prejudice. (ECF No. 60.) In the order issued on October 3, 2023, the Court expressly 3 | noted that “[t]he deadline to file the petition for minor’s compromise remains set for October 6, 4 | 2023, however, Plaintiff may request an extension based on good cause.” (ECF No. 60 at 5 n.2.) 5 Nothing else was filed by the deadline, and on October 11, 2023, the Court issued an 6 | order to show cause in writing why sanctions should not be imposed for the failure to abide by 7 | the Court’s order. (ECF No. 61.) A response to that order to show cause was due within three 8 | days of entry, or October 16, 2023. On October 12, 2023, Plaintiff filed a motion to approve the 9 | minor’s compromise, and supporting materials. (ECF Nos. 62, 63, 64, 65.) However, Plaintiff 10 | did not file a written response to the order to show cause. 11 The Court has the inherent power to control its docket and may, in the exercise of that 12 | power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los 13 | Angeles Cnty., 216 F.3d 837, 841 (9th Cir. 2000). The Court’s order required Plaintiff to show 14 | cause in writing why sanctions should not be imposed. Plaintiff has provided no such written 15 | direct response, and therefore, the Court is unable to discharge the order to show cause, despite 16 | the filing of the motion. Rather than immediately impose sanctions, the Court will afford one 17 | additional day to provide a direct written response to the Court’s order to show cause. 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. On or before October 18, 2023, Plaintiff G.C. shall show cause in writing why 20 sanctions should not issue for the failure to comply with the Court’s order issued 21 September 28, 2023; and 22 2. The failure to comply with this order will result in the issuance of sanctions. 23 24 IT IS SO ORDERED. OF. nf ee 25 | Dated: _ October 17, 2023 UNITED STATES MAGISTRATE JUDGE 27 28