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Dibbern v. City of Bakersfield

United States District Court, Eastern District of California
Oct 18, 2022
1:22-cv-00723-CDB (E.D. Cal. Oct. 18, 2022)

Opinion

1:22-cv-00723-CDB

10-18-2022

JEFFREY DIBBERN, Plaintiff, v. CITY OF BAKERSFIELD, ET AL., Defendant.


ORDER DISCHARGING ORDER TO SHOW CAUSE AND GRANTING EXTENSION OF TIME NUNC PRO TUNC TO FILE JOINT SCHEDULING REPORT (ECF NOS. 3, 15 - 18)

On June 14, 2022, Plaintiff Jeffrey Dibbern filed this civil rights action under 42 U.S.C. § 1983 seeking damages for Defendants' alleged excessive use of force, denial of medical care, municipal liability, conspiracy to violate civil rights and related state law causes of action. (ECF No. 1). On June 15, 2022, the Court entered an order setting a scheduling conference on October 18, 2022, and requiring that the parties, among other things, file a “Joint Scheduling Report” at east “one (1) full week prior to the Scheduling Conference.” (ECF No. 3 at p.2). Neither party requested a continuance of the scheduling conference set for October 18, 2022.

On October 11, 2022, Defendants filed a scheduling report in which they represented they “attempted to meet and confer with counsel for Plaintiffs to prepare a joint report; however, counsel for Plaintiff is currently in trial and was not available to provide Plaintiff's portions prior to the close of business” on the date of the filing. (ECF No. 14 at p.1). The following day (October 12, 2022), the Court ordered Plaintiff by 5:00pm that day to comply with his obligation to confer with Defendants and file a scheduling report. (ECF No. 15). Plaintiff failed to comply with that order, as well.

On October 13, 2022, the Court issued an order to show cause. (ECF No. 16). The following day, the parties filed the Joint Scheduling Report. Plaintiff thereafter timely filed a response to the order to show cause. (ECF No. 18). Counsel for Plaintiff represented that they had been unavailable due to trial but had worked diligently to collaborate with Defendants to complete ind file the Joint Scheduling Report. Counsel for Plaintiff apologized and expressed commitment o adhering to all future court deadlines.

The Court finds good cause to discharge the order to show cause and accept the Joint scheduling Report, based on the proffer of Plaintiff's counsel that they worked diligently after their initial unavailability to participate in the drafting and filing of the Joint Scheduling Report.

The Court reminds Counsel for Plaintiff that “press of business” excuses for failing to comply with Court orders and the Local Rules are not acceptable and Counsel shall seek relief from the Court IN ADVANCE of approaching deadlines if those deadlines cannot otherwise be met.

Accordingly, IT IS HEREBY ORDERED that the Court's October 13, 2022 order to show cause (ECF No. 16) is DISCHARGED.

IT IS SO ORDERED.


Summaries of

Dibbern v. City of Bakersfield

United States District Court, Eastern District of California
Oct 18, 2022
1:22-cv-00723-CDB (E.D. Cal. Oct. 18, 2022)
Case details for

Dibbern v. City of Bakersfield

Case Details

Full title:JEFFREY DIBBERN, Plaintiff, v. CITY OF BAKERSFIELD, ET AL., Defendant.

Court:United States District Court, Eastern District of California

Date published: Oct 18, 2022

Citations

1:22-cv-00723-CDB (E.D. Cal. Oct. 18, 2022)