Ferguson v. American Campus Communities ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK FERGUSON, Case No. 1:22-cv-01222-JLT-CDB 12 Plaintiff, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED 13 v. FOR DEFENDANTS’ FAILURE TO RESPOND PURSUANT TO FED. R. CIV. P. 14 AMERICAN CAMPUS 81(c)(2) COMMUNITIES, et al. 15 ORDER CONTINUING INITIAL Defendants. SCHEDULING CONFERENCE 16 SEVEN DAY-DEADLINE 17 18 On September 23, 2022, Defendant Southern Management Systems, Inc., removed this 19 action filed by pro se Plaintiff Mark Ferguson (“Plaintiff”) from California Superior Court Kern 20 County Small Claims Division. (ECF No. 1). Pursuant to Rule 81 of the Federal Rules of Civil 21 Procedure, “after removal…a defendant who did not answer before removal must answer or 22 present other defenses or objections under these rules…” Fed. R. Civ. P. 81(c)(2). 23 The Court takes judicial notice Defendants American Campus Communities and Southern 24 Management Systems, Inc. (“Defendants”) did not file a responsive pleading in state court. See 25 Ferguson v. American Campus Communities, et al., No. BCS-22-001531. Moreover, Defendants 26 have not filed a responsive pleading in this Court, and their time to do so has expired. Fed. R. 27 Civ. P. 81(c)(2). The Court has the inherent power to control its docket and may, in the exercise of that 1 || power, impose sanctions where appropriate. Bautista v. Los Angeles County, 216 F.3d 837, 841 2 | (9th Cir. 2000). 3 Based on the foregoing, IT IS HEREBY ORDERED that within 7 days of entry of this 4 | order, Defendants shall show cause in writing why they should not be sanctioned for failing to 5 | timely file a responsive pleading pursuant to Fed. R. Civ. P. 81(c)(2). Defendants are advised that 6 | failure to respond to this order to show cause may result in appropriate sanctions, including 7 | remand of the action; and 8 IT IS FURTHER ORDERED that the initial scheduling conference set for January 13, 9 | 2023, at 9:00 AM is continued to February 10, 2023, at 9:00 AM. 10 | IT IS SO ORDERED. | Dated: _ January 6, 2023 | Word 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28