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Pelayo v. Dollar Tree Stores, Inc.

United States District Court, Eastern District of California
Sep 19, 2023
1:23-cv-01320-JLT-CDB (E.D. Cal. Sep. 19, 2023)

Opinion

1:23-cv-01320-JLT-CDB

09-19-2023

ARANZAZU PELAYO, Plaintiffs, v. DOLLAR TREE STORES, INC., Defendant.


ORDER ON PARTIES' JOINT NOTICE OF SETTLEMENT (DOC. 5) ORDER TO SHOW CAUSE WHY PLAINTIFF SHOULD NOT BE SANCTIONED FOR PRACTICING BEFORE THIS COURT WITHOUT ADMISSION 10-DAY DEADLINE

Dispositional Documents

On September 15, 2023, the parties filed a joint notice of settlement (signed by counsel for both parties) in which they report they have reached a settlement in principle. (Doc. 55). The parties report they are determining whether a statutory lien applies to Plaintiff and request that the Court set the date for filing dispositional documents no sooner than December 15, 2023. Id.

Pursuant to Local Rule 160(b), “[u]pon such notification of disposition or resolution of an action or motion, the Court shall fix a date upon which the documents disposing of the action or motion must be filed, which date shall not be more than twenty-one (21) days from the date of said notification, absent good cause.” The Court may, on good cause shown, extend the time for filing the dispositional papers. Id.

Based on the parties' representations concerning statutory lien, the Court finds good cause exists for an extension of time within which the parties shall file dispositional documents.

Plaintiff's Failure to Seek Admissions Before This Court

When this action was removed from state court on September 6, 2023, the Clerk directed counsel for Plaintiff to apply for admission to this Court. (Doc. 3). Both that notice as well as the civil new case documents were returned to the Court as undeliverable on September 18, 2023. The Court has since updated counsel for Plaintiff's address.

The Court shall order counsel for Plaintiff to show cause in writing why sanctions should not be imposed for practicing before this Court without first seeking admissions.

Conclusion and Order

For good cause appearing, IT IS HEREBY ORDERED:

1. The parties are directed to file dispositional documents on or before December 15, 2023; and
2. The December 4, 2023, initial scheduling conference and all other dates and filing requirements are VACATED.

IT IS FURTHER ORDERED, within ten days of entry of this order, counsel for Plaintiff shall show cause in writing why sanctions should not be imposed for practicing before this Court without first seeking admissions. Plaintiff alternatively may comply with this Order by applying for admissions through PACER.gov.

IT IS SO ORDERED.


Summaries of

Pelayo v. Dollar Tree Stores, Inc.

United States District Court, Eastern District of California
Sep 19, 2023
1:23-cv-01320-JLT-CDB (E.D. Cal. Sep. 19, 2023)
Case details for

Pelayo v. Dollar Tree Stores, Inc.

Case Details

Full title:ARANZAZU PELAYO, Plaintiffs, v. DOLLAR TREE STORES, INC., Defendant.

Court:United States District Court, Eastern District of California

Date published: Sep 19, 2023

Citations

1:23-cv-01320-JLT-CDB (E.D. Cal. Sep. 19, 2023)