Opinion
EDCV 24-0247 JGB (SPx)
09-20-2024
Present The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE
Proceedings: Order (1) REQUIRING the Parties to Show Cause re: Failure to Prosecute; (2) COMPELLING the Parties to File Their Joint Rule 26(f) Report No Later Than September 27, 2024; and (3) CONTINUING the Scheduling Conference to October 7, 2024 (IN CHAMBERS)
On December 4, 2023, Plaintiff Jose A. Sigala (“Plaintiff”) filed a complaint against Defendant Morgan Truck Body, LLC (“Defendant”) in the Superior Court for the State of California, County of Riverside. (“Complaint,” Dkt. No. 1-1.) On February 1, 2024, Defendant removed the action. (“Notice of Removal,” Dkt. No. 1.) On August 5, 2024, the Court issued an order setting a Scheduling Conference for September 23, 2024. (“Order,” Dkt. No. 13.) Pursuant to Federal Rule of Civil Procedure 26(f), Local Rule 26, and this Court's Order, the parties were required to file a Joint Rule 26(f) “not later than 14 days before [the date of] the [scheduling] conference.” (Order at 2.) See also Fed.R.Civ.P. 26(f); L.R. 26.
As of the date of this order, the parties have not filed their Joint Rule 26(f) Report. Accordingly, the Court, on its own motion, ORDERS the parties to show cause why this matter should not be dismissed without prejudice for failure to prosecute. Link v. Wabash R. Co., 370 U.S. 626 (1962). Each party is required to respond in writing, on or before September 27, 2024. Failure to respond, or an unsatisfactory response, may result in the imposition of sanctions against either or both of the parties. The Court further ORDERS the parties to comply with its Order and file a Joint Rule 26(f) Report no later than September 27, 2024. The Scheduling Conference is CONTINUED to October 7, 2024, at 11:00 a.m.
IT IS SO ORDERED.