Gutierrez v. Helena Agri-Enterprises, LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SANTOS GUTIERREZ and BLANCA Case No. 1:23-cv-1369 JLT HBK MARTINEZ, 12 ORDER TO PLAINTIFFS TO SHOW CAUSE Plaintiffs, WHY SANCTIONS SHOULD NOT BE 13 IMPOSED FOR FAILURE TO COMPLY v. WITH THE COURT’S ORDER TO FILE 14 THEIR AMENDED COMPLAINT HELENA AGRI-ENTERPRISES, LLC, 15 dba HELENA AGRI-CHEMICAL COMPANY, et al., 16 Defendants. 17 18 On September 24, 2024, the Court granted Plaintiffs’ motion to amend the and ordered 19 Plaintiffs to “file the signed amended complaint, which was previously lodged unsigned, within 20 two days of the date of service of this order.” (Doc. 23 at 7, emphasis in original.) Plaintiffs 21 failed to file the amended complaint as ordered. 22 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of 23 a party to comply with . . . any order of the Court may be grounds for the imposition by the Court 24 of any and all sanctions … within the inherent power of the Court.” Local Rule 110. “District 25 courts have inherent power to control their dockets,” and in exercising that power, a court may 26 impose sanctions including terminating sanctions. Thompson v. Housing Authority of Los 27 Angeles, 782 F.2d 829, 831 (9th Cir. 1986). For example, a court may dismiss an action with 28 prejudice, based on a party’s failure to obey a court order or failure to comply with local rules. 1 | See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to 2 | comply with an order directing the party to file an amended complaint); Malone v. U.S. Postal 3 | Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court order). 4 Accordingly, no later than September 30, 2024, Plaintiffs SHALL show cause in 5 | writing why sanctions should not be imposed for the failure comply with the Court’s order or, in 6 | the alternative, file the amended complaint as previously ordered. 7 g IT IS SO ORDERED. 9 Dated: _ September 27, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28