The opinion of the court was delivered by: Present: The Honorable Otis D. Wright II, United States District Judge
Raymond Neal Not Present n/a Deputy Clerk Court Reporter Tape No.
Proceedings (IN CHAMBERS): Order to Show Cause re Dismissal for Failure to Comply With the Court's Scheduling and Case Management Order; Order Continuing Pretrial Conference
On July 22, 2009 the Court issued its Scheduling and Case Management Order , which set forth a schedule of pretrial hearing dates and deadlines, in particular the date by which pretrial documents must be lodged/filed. [These dates were most recently modified in the orders at docket entry  and .
The Court's Scheduling and Case Management Order includes the following caveat: "If counsel fail to file the required Pre-Trial documents or fail to appear at the Pre-Trial Conference and such failure is not otherwise satisfactorily explained to the Court: (a) the cause shall stand dismissed for failure to prosecute if such failure occurs on the part of the plaintiff; (b) default judgment shall be entered if such failure occurs on the part of the defendant; or (c) the Court may take such action as it deems appropriate."
The parties in this case have failed to comply with the Scheduling and Case Management Order. To date, no pretrial documents have been lodged/filed with the
Accordingly, the Court orders the parties to show cause in writing on or before Monday, March 1, 2010 why this action should not be dismissed for failure to comply with the Scheduling and Case Management Order. Instead of a written response, the Court will consider the following an appropriate response to its Order to Show Cause: filing/lodging of pretrial documents as set forth in the Scheduling and Case Management Order on or before Monday, March 1, 2010. If the parties have settled this case, the Court will accept a Notice of Settlement that includes a date by which the parties expect settlement to be finalized.
No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or filing on or before the date upon which a response by the parties is due.
The Pretrial Conference presently scheduled for February 1, 2010 at 3:30 p.m., is hereby CONTINUED to Monday, March 8, 2010 at 4:00 p.m. Motions In Limine, Proposed Voir Dire Questions and an Agreed-to Statement of the Case remain due on Monday, March 1, 2010.
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