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Christopher Lindsay v. Yolanda Fryson et al

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 19, 2012

CHRISTOPHER LINDSAY, PLAINTIFF,
v.
YOLANDA FRYSON ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On October 25, 2012, this case was before the undersigned for a status (pretrial scheduling) conference.*fn1 Although plaintiff participated in the drafting and filing of a joint status report for the status conference, plaintiff failed to appear at the status conference. Consequently, on October 29, 2012, the court issued an order requiring plaintiff to show cause in writing why sanctions should not be imposed for his failure to appear at the status conference. (Dkt. No. 52.)

On November 15, 2012, plaintiff filed a response to the order to show cause. (Dkt. No. 53.) In that response, plaintiff apologized for his failure to appear, which he indicated was in large part due to a substantial increase in his workload and work-related travel, which in turn caused him to overlook the court date. Plaintiff asserts that he has now taken steps to better organize his schedule, appointments, and deadlines. (Id.)

In light of this showing, the court finds it appropriate to discharge the order to show cause. However, plaintiff is cautioned that any future failure to attend court hearings or conferences, or failure to otherwise comply with the Local Rules, the Federal Rules of Civil Procedure, and the court's orders, will result in the imposition of appropriate sanctions, including a potential recommendation that the action be dismissed with prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute the case and/or failure to comply with procedural rules and court orders.

Accordingly, IT IS HEREBY ORDERED that the order to show cause directed to plaintiff (dkt. no. 52) is DISCHARGED.


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