Orozco v. FCA US LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ISIDRO OROZCO, et al., Case No. 1:21-cv-01674-SAB 12 Plaintiffs, ORDER REQUIRING PARTIES TO SHOW CAUSE IN WRITING WHY MONETARY 13 v. SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO FILE DISPOSITIONAL FCA US, LLC, DOCUMENTS 15 Defendant. (ECF No. 62) 16 SEPTEMBER 20, 2024 DEADLINE Plaintiffs filed this action on November 19, 2021. (ECF No. 1.) On February 24, 2022, Defendant filed its answer to the complaint. (ECF No. 10.) On August 28, 2024, Plaintiffs filed a document requesting dismissal pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. (ECF No. 61.) However, the request was filed as a “motion to dismiss” and is signed only by Plaintiffs. (Id. at 2.) On August 29, 2024, the Court issued an order disregarding the defective request for dismissal because it is not a signed stipulation by all parties who have appeared, and it is not a proper motion under Rule 41(a)(2). (ECF No. 62.) The Court ordered that Plaintiffs either file a stipulation that complies with Rule 41(a)(1)(A)(ii) or a motion for voluntary dismissal under Rule 41(a)(2) that complies with Local Rule 230 no later than August 12, 2024. Dispositional documents were not filed by the ordered deadline.

Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these | Rules or with any order of the Court may be grounds for imposition by the Court of any and all | sanctions ... within the inherent power of the Court.” The Court has the inherent power to | control its docket and may, in the exercise of that power, impose sanctions where appropriate, | including dismissal of the action. Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir. | 2000).

6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The parties shall show cause in writing no later than September 20, 2024, why 8 monetary sanctions should not issue for the failure to file dispositional documents 9 as required by this Court’s August 29, 2024 order (ECF No. 62); and 10 2. Failure to comply with this order will result in the issuance of sanctions.

Db IT IS SO ORDERED. DAM Le | Dated: _September 13, 2024 _ OO 14 UNITED STATES MAGISTRATE JUDGE