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 RE: JULY 5, 2023 ORDER TO SHOW CAUSE 13 v. 14 (Doc. 17). FORD MOTOR COMPANY. 15 TWO-DAY DEADLINE Defendant. 16 17 On July 5, 2023, the Court issued an order requiring the parties to show cause in writing 18 why sanctions should not be imposed for their failure to timely file a joint report identifying three 19 dates of mutual availability between August 21 and September 29, 2023, to convene with the 20 assigned magistrate judgment for settlement conference. (Doc. 16). On July 7, 2023, the parties 21 filed a joint response to the Court’s order to show cause. (Doc. 17). The parties apologized to the 22 Court for failing to timely file a joint report and identified three dates to convene for a settlement 23 conference. Id. 24 The parties’ response to the show cause order provides no explanation for the parties’ 25 failure to follow the Court’s order and is therefore deficient. The Court is unable to determine 26 whether its show cause order may be discharged as the parties have failed to demonstrate the 27 untimely filing was the result of excusable neglect. See In re Veritas Software Corp. Sec. Litig., 496 F.3d 962, 973 (9th Cir. 2007). 1 Accordingly, it is HEREBY ORDERED that within two days of entry of this order, the 2 | parties shall show cause in a joint writing why sanctions, including monetary sanctions or 3 | dismissal, should not be imposed for their failure to timely file the aforementioned report three to 4 | schedule a settlement conference. 5 Failure to comply with this order will result in the imposition of sanctions. 6 | IT IS SO ORDERED. Dated: _ July 11, 2023 | hr 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28