Tanzy v. Yaylaci ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 INGRAM TANZY, Case No. 1:21-cv-01187-JLT-CDB 12 Plaintiff, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE 13 v. IMPOSED FOR PLAINTIFFS’ FAILURE TO COMPLY AND FAILURE TO 14 BAHRI YAYLACI, et al., PROSECUTE 15 Defendants. SEVEN-DAY DEADLINE 16 (Doc. 14) 17 18 19 On April 25, 2023, the Court issued an Order granting Plaintiff’s motion to set aside 20 dismissal and judgment (the Order) and reopened this case. (Doc. 14). The Order directed 21 Plaintiff to file proof of service within 20 days of the order (id. at p. 3), e.g., on or before May 15, 22 2023. Plaintiff filed a belated return of service for Defendant Yaylaci on May 17, 2023. (Doc. 23 15). Plaintiff has yet to serve Defendant Long Island Freight Corp. 24 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 25 or with any order of the Court may be grounds for imposition by the Court of any and all 26 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 27 control its docket and may, in the exercise of that power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 1 | 2000). 2 Based on the foregoing, IT IS HEREBY ORDERED that within seven (7) days of entry 3 | of this order, Plaintiff SHALL show cause in writing why sanctions should not be imposed for 4 || the failure to prosecute this action and to serve the summonses and complaint in a timely manner. 5 || Alternatively, Plaintiff may file proofs of service demonstrating the summons and complaint have 6 || been served to Defendant Long Island Freight Corp. 7 Failure to comply with this Order to Show Cause may result in the imposition of g || sanctions, including financial sanctions or a recommendation to dismiss the action. 9 | ITIS SO ORDERED. '0 | Dated: _ May 18, 2023 | wr 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28