1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 CLEO HUNTER, individually and on behalf Case No. 1:24-cv-00181-KES-CDB of all others similarly situated,

12 ORDER TO SHOW CAUSE WHY Plaintiff, SANCTIONS SHOULD NOT ISSUE FOR 13 PLAINTIFF’S FAILURE TO COMPLY v. WITH THE COURT’S ORDERS AND 14 FAILURE TO FILE MOTION FOR CLASS PETRO-LUD, INC. CERTIFICATION 15

Defendant. FIVE-DAY DEADLINE 16 17 18 Plaintiff Cleo Hunter initiated this action on behalf of himself and a putative class with 19 the filing of a complaint on February 8, 2024. (Doc. 1). On May 6, 2024, the Court issued a 20 scheduling order setting the deadline to file the motion for class certification no later than 21 January 17, 2025. (Doc. 15). Subsequently, the Court denied the parties’ stipulation to extend 22 this and other case maangement deadlines by 90 days. (Doc. 20). Plaintiff has failed to file the 23 motion for class certification by the deadline or otherwise made a filing explaining the 24 delinquency. 25 The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide: 26 “Failure of counsel or of a party to comply with … any order of the Court may be grounds for 27 imposition by the Court of any and all sanctions … within the inherent power of the Court.” 28 1 || that power, a court may impose sanctions including dismissal of an action. Thompson v. 2 || Housing Authority of Los Angeles,

(9th Cir. 1986). A court may impose 3 || sanctions, including dismissal of an action with prejudice, based on a party’s failure to prosecute 4 || an action or failure to obey a court order, or failure to comply with local rules. See, e.g., Ferdik 5 || v. Bonzelet,

(9th Cir. 1992) (dismissal for failure to prosecute and 6 || comply with an order); Malone v. U.S. Postal Service,

(9th Cir. 1987) 7 || Gmposing sanctions for failure to comply with a court order); Henderson vy. Duncan,

|] 1421, 1424 (9th Cir. 1986) (imposing sanctions for failure to prosecute and to comply with local 9 || rules). 10 || Conclusion and Order ll Based on the foregoing, IT IS HEREBY ORDERED that within five (5) days of entry of 12 || this order, Plaintiff SHALL show cause in writing why sanctions should not be imposed — 13 || including striking of class allegations or dismissal of the action — for Plaintiff's failure to comply 14 || with the Court’s orders and file the motion for class certification. 15 Any failure by Plaintiff to timely respond to and comply with this order will result in 16 || imposition of sanctions. || IT IS SO ORDERED. Dated: _ January 21, 2025 | hwwrD ba 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28