W.A. v. Panama Buena Vista Union School District ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 W.A., a minor, by and through his guardian ad Case No. 1:22-cv-01057-CDB litem Victoria Anderson 12 ORDER TO SHOW CAUSE WHY Plaintiff, SANCTIONS SHOULD NOT BE IMPOSED 13 FOR THE PLAINTIFF’S FAILURE TO v. PROSECUTE THIS ACTION AND TO 14 COMPLY WITH THE COURT’S ORDERS; PANAMA BUENA VISTA UNION SCHOOL ORDER CONTINUING THE MANDATORY 15 DISTRICT, SCHEDULING CONFERENCE 16 Defendant. THREE-DAY DEADLINE 17 18 Plaintiff filed a complaint in this action on August 22, 2022. (ECF No. 1.) That same 19 day, the Clerk of Court issued a summons and the Court entered an Order setting a mandatory 20 scheduling conference. (ECF Nos. 4, 5.) The Order directed Plaintiff to “diligently pursue 21 service of summons and complaint” and “promptly file proofs of service.” The Order further 22 advised Plaintiff that failure to diligently prosecute this action “may result in the imposition of 23 sanctions, including the dismissal of unserved defendants.” To date, Plaintiff has not filed proofs 24 of service, and the defendants have not appeared in the action 25 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 26 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 27 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 28 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 1 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2 || 2000). 3 Based on the foregoing, IT IS HEREBY ORDERED that within three (3) days of entry 4 || of this order, the plaintiff SHALL show cause why sanctions should not be imposed for the 5 || failure to prosecute this action and to serve the summons and complaint in a timely manner. 6 || Alternatively, the plaintiff may file a proof of service demonstrating the summons and complaint 7 || has been served. 8 IT IS FURTHER ORDERED that the scheduling conference previously set for December 9 || 6, 2022, is CONTINUED to January 11, 2023 at 9:30 a.m. 10 Plaintiff is advised that failure to respond to this Order to Show Cause may result in 11 || dismissal of this action. 12 || IT IS SO ORDERED. 13 Dated: _ November 7, 2022 | wv Vv ED 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28