Echabarria v. PPG Industries, Inc. ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOAQUIN ECHABARRIA, Case No. 1:23-cv-01634-JLT-CDB 12 Plaintiff, ORDER DISCHARGING FEBRUARY 14, 2024, ORDER TO SHOW CAUSE 13 v. 14 PPG INDUSTRIES, INC., 15 Defendant. 16 17 On February 14, 2024, the Court issued an order to show cause why sanctions should not 18 be imposed for Plaintiff’s failure to appear at the initial scheduling conference. (Doc. 14). On 19 February 16, 2024, Counsel for Plaintiff filed a declaration in response to the Court’s order to 20 show cause. (Doc. 15). Counsel for Plaintiff represents he had technical issues that prevented 21 him from logging-in and acknowledges he should have allowed more time to address any 22 potential issues. Id. 23 To determine whether neglect is excusable, a court must consider four factors: “(1) the 24 danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on 25 the proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith.” In 26 re Veritas Software Corp. Sec. Litig., 496 F.3d 962, 973 (9th Cir. 2007). 27 The Court finds Counsel for Plaintiff’s error noted above constitutes excusable neglect 28 and finds good cause to discharge the show cause order. 1 Accordingly, IT IS HEREBY ORDERED, the Court’s February 14, 2024, Order to Show 2 || Cause is DISCHARGED. 3 || TT IS SO ORDERED. “|| Dated: _February 16, 2024 | nnd Rr 5 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28