Meeks v. FCA US LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARL MEEKS, Case No. 1:22-cv-00761-AWI-CDB 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. (ECF No. 16) 14 FCA US LLC, and DOES 1 through 10, 15 Defendants. 16 17 On June 22, 2022, Plaintiff Carl Meeks filed this Song-Beverly Act action under California 18 Civil Code § 1790 et seq. seeking damages for Defendants’ alleged vehicle warranty violations. 19 (ECF No. 1.) 20 On October 26, 2022, Plaintiff was ordered to show cause in writing why Plaintiff should 21 not be sanctioned for failing to appear at the scheduling conference on October 26, 2022. (ECF 22 No. 16) Counsel for Plaintiff’s failure to appear at that scheduling conference followed counsel’s 23 earlier and continuing failures to comply with the Court’s repeated orders to file magistrate judge 24 jurisdiction consent/decline forms. (ECF Nos. 5, 11.) 25 On the same day that the order to show cause issued in this matter, Counsel for Plaintiff 26 responded with a declaration in which she acknowledged committing the above-referenced errors 27 and committed to timely following future orders and attend court hearings. Counsel also explained 1 the remedial efforts she had attempted to make once she learned she was late for the scheduling 2 tonference. 3 To determine whether neglect is excusable, a court must consider four factors: "(1) the 4 flanger of prejudice to the opposing party; (2) the length of the delay and its potential impact on 5 the proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith." Jn 6 te Veritas Software Corp. Sec. Litig., 496 F.3d 962, 973 (9th Cir. 2007). The Court finds Plaintiff’ □ 7 founsel’s errors noted above constituted excusable neglect and finds good cause to discharge the 8 khow cause order. 9 10 IS SO ORDERED. 11 | Dated: _October 27, 2022 _ [nr DR~ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28