W.A. v. Panama Buena Vista Union School District ( 2023 )

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 PARTIES’ FAILURE TO v. COMPLY WITH THE COURT’S ORDERS 14 PANAMA BUENA VISTA UNION SCHOOL 15 DISTRICT, FIVE-DAY DEADLINE 16 Defendant. 17 18 19 Plaintiff commenced this action with the filing of a complaint on August 22, 2022 (ECF 20 No. 1). On the same day, the Clerk of Court issued a Summons and new case documents, 21 including an Order Setting Mandatory Scheduling Conference and Initial Scheduling Order. 22 (ECF Nos. 4, 5). The Initial Scheduling Order required the parties complete and return an 23 attached “Consent/Decline of U.S. Magistrate Judge Jurisdiction form” within 90 days of the day 24 that this action was filed (e.g., on or before November 20, 2022). As of the date of this Order, 25 both parties have failed to file a completed consent/decline form pursuant to the Court’s 26 instructions. 27 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 28 Rules or with any order of the Court may be grounds for imposition by the Court of any and all eee eR I IDS EE OIE IRI OIE OE EIEIO 1 || sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 2 || control its docket and may, in the exercise of that power, impose sanctions where appropriate, 3 || including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 4 || 2000). 5 Based on the foregoing, IT IS HEREBY ORDERED, not later than January 16, 2023, 6 || BOTH parties SHALL show cause in writing why sanctions should not be imposed for their 7 || failure to comply with the Court’s order. Alternatively, the parties may file a completed 8 || jurisdiction consent/decline form on or before January 16, 2023.! 9 The parties are advised that failure to respond to this Order to Show Cause may result in 10 || the imposition of sanctions. 11 || TT IS SO ORDERED. 12 ) Bo Dated: _ January 10, 2023 | Ww VL 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 235 |) oF? 1 On December 20, 2022, the Court vacated the Scheduling Conference because Defendant had 26 || not appeared or answered the complaint and appeared to be in default for failing to timely file a responsive pleading under Rule 12(a)(1)(A). (ECF No. 15). Plaintiff did not move for entry of default, 97 || and Defendant thereafter filed a motion to dismiss, which likewise may be untimely. (ECF Nos. 16, 17) The fact that the Court at this point has allowed a party (Defendant) to proceed in the suit does not 28 || automatically put the party in the position of one who is making a timely response to a complaint.