Hurtado v. Ford Motor Company ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIA GIL HURTADO, Case No. 1:22-cv-00206-ADA-CDB 12 Plaintiff, ORDER TO SHOW CAUSE IN WRITING WHY SANCTIONS SHOULD NOT BE 13 v. IMPOSED FOR THE PARTIES’ FAILURE TO 14 COMPLY FORD MOTOR COMPANY. 15 (Doc. 15). Defendant. 16 TWO-DAY DEADLINE 17 18 On February 17, 2022, Defendant Ford Motor Company removed this action from Kern 19 County Superior Court. (Doc. 1). On July 20, 2022, the Hon. Magistrate Judge Barbara A. 20 McAuliffe entered a scheduling order which, among other things, set June 9, 2023, as the 21 deadline for filing any pretrial motions, including dispositive motions. (Doc. 11). 22 As no party filed pretrial motions and the time to do so has passed, on June 20, 2023, the 23 Court entered a minute order directing the parties to meet and confer and file a joint report no 24 later than June 30, 2023, identifying three dates of mutual availability between August 21 and 25 September 29, 2023, to convene with the undersigned for a settlement conference. (Doc. 15). As 26 of the date of this Order, the parties have failed to file a joint report and the time to do so has 27 passed. 1 Order in Civil Actions” that provides: “Settlement conferences are mandatory and are scheduled 2 at times mutually convenient to the court, counsel, and the parties.” See Local Rule 270(a). 3 Local Rule 110 provides that “[flailure of counsel or of a party to comply with these Rules 4 or with any order of the Court may be grounds for imposition by the Court of any and all 5 sanctions...within the inherent power of the Court.” The Court has the inherent power to control 6 its docket and may, in the exercise of that power, impose sanctions where appropriate, including 7 dismissal of the action. Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir. 2000). 8 Accordingly, IT IS HEREBY ORDERED that within two days of entry of this order, 9 Plaintiff and Defendant shall show cause in writing why sanctions, including monetary sanctions 10 or dismissal, should not be imposed for their failure to timely file a joint report identifying three 11 dates of mutual availability between August 21 and September 29, 2023, to convene with the 12 assigned magistrate judge for settlement conference. 13 Failure to comply with this order will result in the imposition of sanctions. 14 | IT IS SO ORDERED. Dated: _ July 5, 2023 | Wr bo 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28