Opinion
Case No.: 1:13-cv-01589 - JLT
05-13-2015
BRENNAN COBERT, Plaintiff, v. COUNTY OF KERN, et al. Defendants.
ORDER TO PLAINTIFF'S COUNSEL TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO COMPLY WITH THE COURT'S ORDER
On March 6, 2015, Shawn Khorrami filed a "Designation of Counsel for Service" on behalf of Plaintiff. (Doc. 21.) On March 10, 2015, the Court issued an order noting that the document appeared to be intended as a substitution of attorney. (Doc. 22.) Because a designation of counsel is not the appropriate avenue to substitute counsel, the Court ordered Plaintiff to "file a Substitution of Attorney (containing the appropriate signatures) and Proposed Order within fourteen (14) days." (Id.) To date, Plaintiff has not complied with the Court's order.
The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: "Failure of counsel or of a party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any and all sanctions . . . within the inherent power of the Court." Local Rule 110. "District courts have inherent power to control their dockets," and in exercising that power, a court may impose sanctions including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may impose sanctions based on a party's failure to prosecute an action or failure to obey a court order, or failure to comply with local rules. See, e.g., Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (imposing sanctions for failure to comply with an order); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (imposing sanctions for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (imposing sanctions for failure to prosecute and to comply with local rules).
Accordingly, Plaintiff's counsel—including Hermez Moreno, Brian Bush, and Shawn Khorrami — are ORDERED to show cause in writing within seven days why sanctions should not be imposed for failure comply the Court's Order or, in the alternative, to file a Substitution of Attorney. IT IS SO ORDERED.
Dated: May 13 , 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE