Pimentel v. J.B. Hunt Services, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE PIMENTEL, Case No. 1:21-cv-01826-ADA-CDB 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. (ECF Nos. 21-23) 14 J.B. HUNT SERVICES, INC. et al. 15 Defendants. 16 17 On December 29, 2021, this action was removed from Kern County Superior Court by 18 Defendant J.B. Hunt Transport, Inc. (ECF No. 1). On September 26, 2022, the Court ordered the 19 parties to initiate participation in the Court’s Voluntary Dispute Resolution Program (“VDRP”) and 20 file a joint notice on the docket confirming the same no later than 60 days from the date of the 21 order. (ECF No. 19). 60 days passed, and the parties failed to comply with the Court’s order. 22 On December 1, 2022, the Court ordered the parties to show cause in writing why sanctions 23 should not be imposed for the parties’ failure to file a joint notice confirming their participation in 24 VDRP as ordered by the Court. (ECF No. 21). On December 7, 2022, the parties filed a response 25 to the Court’s order to show cause. (ECF No. 22). The parties noted Plaintiff’s counsel, Carol 26 Baidas, had left her position and failed to share any upcoming dates and/or deadlines with her 27 colleagues. Id. at 2. The parties noted they have arranged for the selection of a mediator and would file a joint stipulation of their selection. Id. On December 8, 2022, a notice of appointment from 1 | the VDRP Administrator was entered on the docket indicating Kathryn Richter was appointed as a 2 | VDRP Neutral Attorney. (ECF No. 23). 3 To determine whether neglect is excusable, a court must consider four factors: “(1) the 4 | danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the 5 || proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith.” In re 6 | Veritas Software Corp. Sec. Litig., 496 F.3d 962, 973 (9th Cir. 2007). 7 The Court has considered the Veritas factors in light of the representations of the parties 8 | and finds that the parties’ failure to file a joint report confirming participation in VDRP constitutes 9 | excusable neglect. Accordingly, the Court finds good cause to discharge the order to show cause, 10 | and IT IS HEREBY ORDERED that the Court’s December 1, 2022, order to show cause (ECF No. 11 21) is DISCHARGED. 12 No later than fourteen (14) days after completion of the VDRP session, the parties shall file 13 | a Joint VDRP Completion Report. See ECF No. 19. 14 | IT IS SO ORDERED. ' | Dated: _ December 12, 2022 | hr 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28