Amerson v. Amazon.com Services, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ASHLEY ANN AMERSON, Case No. 1:24-cv-00100-JLT-CDB 12 Plaintiff, ORDER REQUIRING PLAINTIFF ASHLEY ANN AMERSON TO SHOW 13 v. CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO APPEAR AMAZON.COM SERVICES, LLC. AT SCHEDULING CONFERENCE 15 Defendant. (Docs. 2, 8) 17 THREE (3)-DAY DEADLINE 20 On December 7, 2023, Plaintiff Ashley Ann Amerson (“Plaintiff”) filed a complaint against Defendant Amazon.com, Services, LLC. (“Defendant”) in Kern County Superior Court.

22 (Doc. 1). On January 22, 2024, Defendant removed the action to this Court. Id. That same day, the Court issued civil new case documents and set an initial scheduling conference for April 18, 2024, at 9:00 AM. (Doc. 2). On April 11, 2024, the parties filed a joint scheduling report. (Doc.

25 7).

26 On April 18, 2024, the Court convened for the scheduling conference via Zoom. (Doc. 8).

27 Emily Tripodi appeared on behalf of Defendant. No counsel appeared for Plaintiff. Further, counsel for Plaintiff was unresponsive to an email from the undersigned’s courtroom deputy clerk inquiring about his absence from the conference. Counsel for Plaintiff has made no filing or |otherwise communicated with chambers as to the reasons for his failure to appear for the | scheduling conference.

4 Local Rule 110 provides that “[flailure of counsel or of a party to comply with these Rules 5 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 County, 216 F.3d 837, 841 (9th Cir. 2000).

9 The scheduling conference in this matter was calendared well in advance, the courtroom | deputy had provided Zoom videoconference connection information to counsel in advance, and 11 counsel for Plaintiff was unable to appear, he had a duty to contact the Court and/or other |counsel prior to the conference to request whatever information necessary to facilitate his | appearance.

14 Accordingly, IT IS HEREBY ORDERED, Plaintiff shall show cause in writing within | three (3) days of entry of this order why sanctions should not be imposed for its failure to timely | appear at the scheduling conference.

17 IT IS FURTHER ORDERED within three (3) days of entry of this order, Plaintiff shall |coordinate with Defendant and file a joint report identifying dates for a re-set scheduling | conference.

20 Failure to comply with this order to show cause may result in the imposition of | sanctions, including financial sanctions and dismissal of the action.

22 IT IS SO ORDERED.

Dated: _ April 18, 2024 | Wr Pr 24 UNITED STATES MAGISTRATE JUDGE