Rodriguez v. Trans Union, LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARMEN RODRIGUEZ, Case No. 1:24-cv-00124-SAB 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE AS TO DEFENDANT 13 v. TRANS UNION, LLC AND REQUIRING PLAINTIFF TO FILE SCHEDULING 14 TRANS UNION, LLC, DATES AND CONSENT/DECLINE FORM 15 Defendant. (ECF Nos. 9, 11) 16 DEADLINE: 4:00 P.M. 17 18 On May 15, 2024, an order issued in this matter requiring the parties to show cause in 19 writing by May 17, 2024, why a joint scheduling report had not been filed in compliance with 20 the Court’s January 26, 2024 scheduling order. (ECF No. 9.) On May 16, 2024, Defendant filed 21 a response to the Court’s order. (ECF No. 11.) On May 17, 2024, Plaintiff filed a document that 22 was entitled “Motion for Three-Days Extension of Time to Further Respond to Order.”) (ECF 23 No. 12.) However, the document that was filed therein was a consent/decline form. The Office 24 of the Clerk disregarded the document as improperly filed and Plaintiff was directed to refile the 25 document using the correct event. (ECF No. 13.) 26 As stated in its order requiring that Plaintiffs show cause, Local Rule 110 provides that 27 “[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions . . . within the inherent power of 1 | the Court.” The Court has the inherent power to control its docket and may, in the exercise of 2 | that power, impose sanctions where appropriate, including dismissal of the action. Bautista □□□ 3 | Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 4 As of the issuance of this order, Plaintiff has failed to respond to the Court’s May 15, 5 | 2024 order to show cause. The Court shall require Plaintiff to file a document setting forth 6 | proposed scheduling dates and to refile the consent/decline form by 4:00 p.m. on May 20, 2024. 7 | If Plaintiff fails to file the documents in compliance with this order, the Court shall impose 8 | monetary sanctions in the amount of $50.00 per day, beginning on May 21, 2024. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The May 15, 2024 order to show cause is DISCHARGED AS TO DEFENDANT; 11 2. Plaintiff shall file her proposed scheduling dates and refile the consent/decline form 12 by 4:00 p.m. on May 20, 2024; and 13 3. If Plaintiff fails to comply with this order, Plaintiff and Plaintiff's counsel shall jointly 14 and severally be obligated to pay the Clerk of the Court $50.00 per day, beginning on 15 May 21, 2024, until Plaintiff files a compliant response to the Court’s May 15, 2024 16 order to show cause (ECF No. 9). 17 18 IT IS SO ORDERED. FA. ee 19 | Dated: _ May 20, 2024 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28