Delgado v. Target Corporation

Summary

The United States District Court for the Eastern District of California orders the plaintiff and her counsel to show cause why ongoing and cumulative monetary sanctions should not continue, be imposed jointly and severally, and be reported to the State Bar of California. The magistrate judge also recommends dismissal without prejudice for failure to prosecute and failure to comply with court orders and Local Rule 110.

Holdings

1. A district court may dismiss an action when a party fails to prosecute, obey court orders, or comply with local rules, after weighing the relevant dismissal factors and considering less drastic alternatives. Applying those factors, the magistrate judge recommended dismissal without prejudice because Plaintiff repeatedly failed to participate in the action and comply with court orders.
2. The court ordered Plaintiff and counsel to show cause why the previously imposed cumulative sanctions and continuing daily sanctions should not be imposed jointly and severally, why the sanctions should not be reported to the State Bar if they failed to respond, and why daily sanctions should not continue.

Questions Presented

1. Whether Plaintiff's failure to appear at the scheduling conference, respond to the order to show cause, pay sanctions, and otherwise comply with court orders and local rules warranted dismissal without prejudice for failure to prosecute.
2. Whether Plaintiff and counsel should be required to show cause why continuing daily sanctions and the cumulative sanction amount should not be imposed jointly and severally and potentially reported to the State Bar of California.

Disposition

other