Opinion
CASE NO. 1:10-cv-00907 LJO JLT
10-24-2011
JOE HAND PROMOTIONS, INC., Plaintiff, v. DAVID ALVARADO, et al., Defendants,
ORDER TO SHOW CAUSE TO PLAINTIFF
AND DEFENDANT ADOLFO ORDAZ JR.
WHY SANCTIONS SHOULD NOT BE IMPOSED
On September 19, 2011, counsel provided notice that Plaintiff and defendant Adolfo Ordaz Jr., individually and for Frankie's Bar aka Patron's Sports Bar, had reached a settlement of the matter. (Doc. 59) The notice specifically indicated that preparation of settlement documents and a stipulation of dismissal were being circulated by counsel. Id.
The Notice of Settlement was mistakenly described on the docket as a "Request for Judicial Notice."
In response, the next day, the Court issued its Order After Settlement allowing until October 21, 2011 to dismiss the matter. (Doc. 60) Alternatively, the Court allowed a demonstration of good cause why the dismissal had not been filed by that date. Id. Finally, given the pending bankruptcy of all other remaining defendants, the Court vacated the pretrial conference. (Doc. 61)
Nonetheless, on October 21, 2011, Plaintiff filed a notice that the notice of settlement was withdrawn. (Doc. 62) The parties provided no information about the status of the matter, made no request to reschedule the pretrial conference nor provided the Court any assurance that the matter will proceed. Id.
Therefore, no later than November 4, 2011, Plaintiff and Defendant Aldolfo Ordaz Jr. are ORDERED to show cause why sanctions should not be imposed for their failure to follow the Court's order. IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE