Dayal v. County of Kern ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NISHI DAYAL, Case No. 1:24-cv-00039-JLT-CDB 12 Plaintiff, ORDER REQUIRING DEFENDANTS TO SHOW CAUSE IN WRITING WHY 13 v. SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO APPEAR AT 14 COUNTY OF KERN, et al., SCHEDULING CONFERENCE 15 Defendants. (Docs. 5, 12) 16 ORDER REQUIRING DEFENDANTS TO MEET/CONFER AND FILE JOINT 17 REPORT 18 THREE (3)-DAY DEADLINE 19 20 On January 8, 2024, Plaintiff Nishi Dayal (“Plaintiff”) initiated this action with the filing 21 of a complaint against Defendants County of Kern, Kern County District Attorney’s Office, 22 Cynthia Zimmer, Andrea Kohler, Gina Pearl, and Kenneth Russell (“Defendants”). (Doc. 1). On 23 January 9, 2024, the Court issued civil new case documents and set an initial scheduling 24 conference for April 8, 2024, at 9:00 AM. (Doc. 5). On April 2, 2024, after the parties failed to 25 timely file a joint scheduling report, and with none of the Defendants having appeared or 26 answered, the Court reset the scheduling conference to May 20, 2024. (Doc. 12). The parties 27 filed a timely joint scheduling report on May 13, 2024. (Doc. 15). On May 20, 2024, the Court convened for the scheduling conference via Zoom. (Doc. 17). 1 | Amber Derham appeared on behalf of Plaintiff. No counsel appeared for Defendants. Counsel 2 Defendants has made no filing or otherwise communicated with chambers of the undersigned 3 | regarding his failure to appear for the scheduling conference. 4 Local Rule 110 provides that “[flailure of counsel or of a party to comply with these Rules 5 with any order of the Court may be grounds for imposition by the Court of any and all 6 | sanctions...within the inherent power of the Court.” The Court has the inherent power to control 7 |its docket and may, in the exercise of that power, impose sanctions where appropriate, including 8 | dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 9 Given their failure to appear or otherwise set forth any cause for their absence from the 10 | scheduling conference, IT IS HEREBY ORDERED, Defendants shall show cause in writing 11 | within three (3) days of entry of this order why sanctions should not be imposed for their failure 12 timely appear at the scheduling conference. 13 And IT IS FURTHER ORDERED within three (3) days of entry of this order, Defendants 14 | shall meet and confer with Plaintiff and file a joint report identifying dates of mutual availability 15 appear for a re-set scheduling conference. 16 Failure to timely comply with this order to show cause will result in the imposition of 17 | sanctions. 18 [T IS SO ORDERED. Dated: _May 20, 2024 | br Pr 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28