Summary
This United States District Court order addresses the plaintiff's failure to appear at a scheduling conference due to a claimed family medical emergency. After evaluating the circumstances under the excusable neglect standard, the magistrate judge discharged the prior order to show cause without imposing sanctions. The court subsequently reset the scheduling conference for August 21, 2025, and directed the parties to file an updated joint scheduling report.
Topics
Practice areas
Questions Presented
- Whether plaintiff's failure to appear at the scheduling conference constitutes excusable neglect that precludes the imposition of sanctions.
Holdings
- The court found the neglect excusable, discharged the order to show cause, and declined to impose sanctions.
Key quotations
“To determine whether neglect is excusable, a court must consider four factors: "(1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith."”
Factual background
Plaintiff Regina Bray filed a complaint on August 30, 2024. Defendants Amazon.com Services LLC and Michael May removed the case to federal court. Plaintiff did not appear at a scheduling conference on July 14, 2025, citing a sudden family medical emergency.
Procedural history
Plaintiff filed complaint in Kern County Superior Court (Case No. BCV-24-102974). Defendants removed the action to the Eastern District of California on March 3, 2025. Plaintiff failed to appear at a scheduling conference on July 14, 2025; the court issued an order to show cause. Plaintiff explained the absence as an extraordinary family medical emergency. The court applied the four‑factor test for excusable neglect and discharged the order without sanctions.
Remand instructions
The parties are directed to appear for a scheduling conference on August 21, 2025, at 10:00 AM and to file an updated Joint Scheduling Report one week prior.