Amerisure Insurance Company v. R&L Carriers, Inc ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AMERISURE INSURANCE COMPANY, ) Case No.: 1:20-cv-01134-DAD-BAK (BAM) ) 12 Plaintiff, ) ORDER TO SHOW CAUSE WHY SANCTIONS ) SHOULD NOT BE IMPOSED FOR COUNSELS’ 13 v. ) FAILURE TO APPEAR ) 14 R&L CARRIERS, INC., A CORPORATION, ) et al., 15 Defendants. ) SEVEN (7) DAY DEADLINE ) 16 ) 17 Plaintiff Amerisure Insurance Company initiated this civil action on August 14, 2020 by filing 18 a complaint in this Court. (See Doc. No. 1.) Defendant R&L Carriers, Inc. filed its answer on October 19 14, 2020. (Doc. No. 7.) On February 18, 2021, Defendant R&L Carriers Inc. filed an amended motion 20 seeking the Court’s leave to file an amended answer with crossclaims (Doc. No. 33), which the Court 21 granted. (Doc. No. 42.) On January 6, 2022, the matter was temporarily referred to the undersigned 22 (Doc. No. 43), and the Court set a status conference for March 10, 2022. (Doc. No. 44.) 23 On March 10, 2022, the Court initiated the Zoom video conference platform. Plaintiff’s 24 Counsel Katherine Sandoval appeared and Defendant Midas Solutions Incorporated’s Counsel Jeffrey 25 Anderson appeared. Defendant R&L Carriers, Inc.’s Counsel did not appear. The Court conducted the 26 Zoom video conference without Defendant R&L Carriers, Inc.’s Counsel present, and Plaintiff’s 27 Counsel informed the Court that a mediation has been scheduled for April 7, 2022. 28 1 Pursuant to Local Rule 110, “[f]ailure of counsel or of a party to comply with . . . any order of 2 the Court may be grounds for the imposition by the Court of any and all sanctions . . . within the 3 inherent power of the Court.” L.R. 110. The Court has the inherent power to control its docket and 4 may, in the exercise of that power, impose sanctions where appropriate, including dismissal of the 5 action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 6 Accordingly, Defendant R&L Carriers, Inc.’s Counsel are hereby ORDERED TO SHOW 7 CAUSE in writing within seven (7) days of the date of service of this order why sanctions should not 8 be imposed against them for their failure to appear at the March 10, 2022 status conference. Defendant 9 R&L Carriers, Inc.’s Counsel shall also indicate in their response whether R&L will be participating in 10 the mediation scheduled for April 7, 2022. 11 Failure to respond to this order will result in the imposition of sanctions, including 12 striking the answer for failure to comply with court orders. 13 14 IT IS SO ORDERED. 15 Dated: March 10, 2022 /s/ Barbara A. McAuliffe _ 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28