Santiago v. FCA US LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN SANTIAGO, ) Case No.: 1:21-cv-01402-JLT-BAK (SKO) ) 12 Plaintiff, ) ORDER TO SHOW CAUSE WHY THE ACTION ) SHOULD NOT BE DISMISSED FOR FAILURE 13 v. ) TO COMPLY WITH THE COURT’S ORDER AND ) FAILURE TO FILE STIPULATION TO DISMISS 14 FCA US, LLC, ) 15 Defendant. ) [14-DAY DEADLINE] ) 16 ) 17 On December 10, 2021, the Court issued an order after the notice of settlement, ordering that 18 the stipulation to dismiss the action be filed no later than March 7, 2022. (Doc. 6). However, the 19 parties have failed to comply with the Court’s orders. 20 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 21 party to comply with . . . any order of the Court may be grounds for imposition by the Court of any 22 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 23 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions 24 including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 25 (9th Cir. 1986). A court may impose sanctions, including dismissal of an action with prejudice, based 26 on a party’s failure to prosecute an action or failure to obey a court order, or failure to comply with 27 local rules. See, e.g., Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure 28 to prosecute and comply with an order); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1 1987) (imposing sanctions for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 2 1421, 1424 (9th Cir. 1986) (imposing sanctions for failure to prosecute and to comply with local 3 rules). 4 Accordingly, within 14 days the parties SHALL show cause in writing why sanctions should 5 not be imposed for their failure to comply with the Court’s order. Alternatively, within 14 days the 6 parties may file the stipulation to dismiss the action. 7 The parties are advised that failure to comply with this order may result in the Court 8 imposing sanctions, including the dismissal of the action. 9 10 IT IS SO ORDERED. 11 Dated: March 16, 2022 /s/ Sheila K. Oberto . 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28