Opinion
23-cv-02293-TLT
04-04-2024
SARAH MOORE, Plaintiff, v. WALMART INC., Defendant.
ORDER TO SHOW CAUSE
TRINA L. THOMPSON UNITED STATES DISTRICT JUDGE
On Thursday, April 4, 2024, the Parties were scheduled to appear for a further Case Management Conference. Less than one hour prior to the conference, pro se plaintiff Sarah Moore relayed a message to the Court that she was in the process of retaining counsel and that potential counsel had advised her not to appear at the Conference. However, throughout the litigation, Moore has been chronically absent.
Plaintiff failed to appear at the initial Case Management Conference on August 24, 2023, or further Case Management Conference on September 21, 2024. ECF 15, 19. Again, Moore was absent from a further Case Management Conference on February 1, 2024. ECF 27. The Court issued an Order to Show Cause, ECF 28, warning the Plaintiff that failure to prosecute may result in case dismissal.
Moore did, however, communicate with the Court that she was not receiving correspondence from the Court via U.S. Mail or e-mail as well as access issues with the Court's PACER system. ECF 19. It is not clear whether these issues have been resolved.
On February 26, 2024, Moore was present for a Settlement Conference with Magistrate Judge Westmore. ECF 31. However, the Defendant asserts that Moore has been unresponsive to their subsequent discovery requests to hold a Rule 26(f) conference. Case Mgmt. Conf., April 4, 2024; see Fed.R.Civ.P. 26(f). The Court maintained the further Case Management Conference held on April 4, 2024, yet Moore remained absent.
The Court hereby ORDERS the Plaintiff to show cause for why the case should not be dismissed for failure to prosecute by May 2, 2024. An Order to Show Cause hearing is hereby scheduled for May 9, 2024, at 11 a.m. by Videoconference. Any Motions to Dismiss or to Compel Discovery must be submitted by April 25, 2024, two weeks prior to the OSC hearing.
The Conference is accessible through Zoom (https://cand-uscourts.zoomgov.com/j/1611407208?pwd=Rytydm5Nek1QcHRHbHhMWE4rekFWZz09).
WARNING: Failure to Show Cause May Result in Case Dismissal for Failure to Prosecute
IT IS SO ORDERED.