Gastelum v. Bed Bath & Beyond, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO GASTELUM Case No. 1:22-cv-01173-ADA-CDB 12 Plaintiff, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED 13 v. FOR THE PLAINTIFF’S FAILURE TO PROSECUTE THIS ACTION AND TO 14 BED BATH & BEYOND, INC., COMPLY WITH THE COURT’S ORDERS; ORDER CONTINUING THE MANDATORY 15 Defendant. SCHEDULING CONFERENCE 16 TEN-DAY DEADLINE 17 18 Plaintiff Fernando Gastelum filed a complaint in this action on September 14, 2022. 19 (ECF No. 1.) On September 28, 2022, the Clerk of Court issued a summons and the Court 20 entered an Order setting a mandatory scheduling conference. (ECF Nos. 3, 4.) The Order 21 directed Plaintiff to “diligently pursue service of summons and complaint” and “promptly file 22 proofs of service.” The Order further advised Plaintiff that failure to diligently prosecute this 23 action “may result in the imposition of sanctions, including the dismissal of unserved 24 defendants.” To date, Plaintiff has not filed proofs of service, and the defendants have not 25 appeared in the action. 26 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 27 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 28 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 1 |! control its docket and may, in the exercise of that power, impose sanctions where appropriate, 2 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 3 |} 2000). 4 Based on the foregoing, IT IS HEREBY ORDERED that within ten (10) days of service 5 || of this order, Plaintiff SHALL show cause in writing why sanctions should not be imposed for 6 || the failure to prosecute this action and to serve the summons and complaint in a timely manner. 7 || Alternatively, the plaintiff may file a proof of service demonstrating the summons and complaint 8 || has been served. 9 IT IS FURTHER ORDERED that the scheduling conference previously set for December 10 || 19, 2022, is CONTINUED to January 18, 2023 at 9:30 a.m. 11 Plaintiff is advised that failure to respond to this Order to Show Cause may result in 12 || dismissal of this action. 13 || IT IS SO ORDERED. Dated: _ December 9, 2022 | hannD Rr 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28