United States District Court, E.D. California
DISCHARGING ORDER FOR PLAINTIFF, WARDEN OF USP LOMPOC, AND
LITIGATION COORDINATOR AT USP LOMPOC TO SHOW CAUSE WHY THEY
SHOULD NOT BE SANCTIONED
RESETTING STATUS AND DISCOVERY CONFERENCE
DIRECTING CLERK TO SERVE A COPY OF THIS ORDER ON THE WARDEN
AT USP LOMPOC (ECF NO. 55)
Monson (“Plaintiff”) is a prisoner proceeding
pro se and in forma pauperis in this civil
rights action filed pursuant to 42 U.S.C. § 1983. He is
currently confined at the United States Penitentiary in
31, 2019, the Court attempted to hold a discovery and status
conference. As Plaintiff did not appear, the Court ordered
Plaintiff to “show cause why sanctions should not issue
for his failure to attend the conference.” (ECF No. 55,
p. 2). The Court also ordered the Warden and Litigation
Coordinator of USP Lompoc to “show cause why sanctions
should not issue for their failure to comply with the
Court’s order directing Plaintiff’s institution
of confinement to make Plaintiff available for the
conference.” (Id. at 3).
August 20, 2019, the Warden filed his response to the order
to show cause. (ECF No. 58). The Litigation Coordinator did
not file a response because USP Lompoc does not employ a
“Litigation Coordinator.” (ECF No. 58, p. 2). On
August 21, 2019, Plaintiff filed his response to the order to
show cause. (ECF No. 60).
reasons described below, the Court will discharge the order
to show cause. Additionally, the Court will reset the
discovery and status conference, which will now be held on
October 9, 2019, at 3:00 p.m.
ORDER TO SHOW CAUSE
January 25, 2019, the Court entered a scheduling order in
this case. (ECF No. 47). As part of the scheduling order, the
Court set a telephonic discovery and status conference for
July 31, 2019, at 1:30 p.m. (Id.) The order stated:
A discovery and status conference is set for July 31,
2019, at 1:30 p.m. Parties have leave to appear by
phone. To join the conference, each party is directed to call
the toll-free number (888) 251-2909 and use
Access Code 1024453.
. . .
Plaintiff shall make arrangements with staff at his or her
institution of confinement for his or her attendance at the
discovery and status conference. Plaintiff’s
institution of confinement shall make Plaintiff available for
the conference at the date and time indicated above.
(Id. at 4). The scheduling order was served by mail
on Plaintiff and the Litigation Coordinator at
Plaintiff’s institution of confinement.
1, 2019, the Court issued a confirming minute order,
reiterating that a telephonic discovery and status conference
was set for July 31, 2019, at 1:30 p.m. (ECF No. 51). This
confirming minute order was served by mail to Plaintiff, the