Ramirez v. Merrill Gardens, LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIA BUSTOS RAMIREZ, et al., Case No. 1:22-cv-00542-SAB 12 Plaintiffs, ORDER REQUIRING COUNSEL FOR PLAINTIFF HOLGUIN TO SHOW CAUSE 13 v. WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILING TO APPEAR AT 14 MERRILL GARDENS, LLC, FINAL APPROVAL HEARING 15 Defendant. FIVE DAY DEADLINE 16 17 On January 10, 2024, an order issued granting Plaintiffs’ motion for preliminary approval 18 of the settlement of this class action and setting the final approval hearing for May 29, 2024. 19 (ECF No. 54.) On May 1, 2024, Plaintiffs filed a motion for final approval of the class and 20 representative action settlement. (ECF No. 55.) Defendant filed a notice of non-opposition on 21 May 15, 2024. (ECF No. 56.) Counsel Allen Feghali appeared by video for Plaintiff Ramirez 22 and counsel Diane O’Malley and Samantha Botros appeared by video for Defendant. There was 23 no appearance at the hearing by Plaintiff Holguin. 24 The Court has inherent power to sanction parties or their attorneys for improper conduct. 25 Chambers v. Nasco, Inc., 501 U.S. 32, 43-46 (1991); Roadway Express, Inc. v. Piper, 447 U.S. 26 752, 766 (1980); Fink v. Gomez, 239 F.3d 989, 991 (9th Cir. 2001). Local Rule 110 provides 27 that “[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 1 | power of the Court.” The Court has the inherent power to control its docket and may, in the 2 | exercise of that power, impose sanctions where appropriate, including dismissal of the action. 3 | Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 4 Accordingly, IT IS HEREBY ORDERED that Counsel for Plaintiff Holguin SHALL 5 |SHOW CAUSE IN WRITING within five (5) days of the date of entry of this order why 6 | monetary sanctions should not be imposed for the failure to appear at the May 29, 2024 final 7 | approval hearing. 8 9 IT IS SO ORDERED. DAA (e_ 10 | Dated: _May 29, 2024 _ Of 4 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28