Filed: Dec. 07, 2018
Latest Update: Dec. 07, 2018
Summary: ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH NOVEMBER 15, 2018 ORDER FIVE DAY DEADLINE STANLEY A. BOONE , Magistrate Judge . On July 25, 2017, judgment was entered in favor of Plaintiff First Midwest Equipment Financial Company f/k/a National Machine Tool Finance Corporation (Plaintiff/judgment creditor) and against Defendant Aero Transport Inc. and Defendant Ranjit S. Dhaliwal (Defendant/judgment debtor) in the United States District Co
Summary: ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH NOVEMBER 15, 2018 ORDER FIVE DAY DEADLINE STANLEY A. BOONE , Magistrate Judge . On July 25, 2017, judgment was entered in favor of Plaintiff First Midwest Equipment Financial Company f/k/a National Machine Tool Finance Corporation (Plaintiff/judgment creditor) and against Defendant Aero Transport Inc. and Defendant Ranjit S. Dhaliwal (Defendant/judgment debtor) in the United States District Cou..
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ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH NOVEMBER 15, 2018 ORDER
FIVE DAY DEADLINE
STANLEY A. BOONE, Magistrate Judge.
On July 25, 2017, judgment was entered in favor of Plaintiff First Midwest Equipment Financial Company f/k/a National Machine Tool Finance Corporation (Plaintiff/judgment creditor) and against Defendant Aero Transport Inc. and Defendant Ranjit S. Dhaliwal (Defendant/judgment debtor) in the United States District Court for the Northern District of Illinois, Eastern Division. (ECF No. 1 at 3.) On March 27, 2018, Plaintiff registered the foreign judgment in the Eastern District of California. (ECF No. 1.)
After the debtor failed to appear for a debtor examination, an arrest warrant issued. (ECF No. 18.) On October 23, 2018, the debtor appeared for examination; and on November 1, 2018, Plaintiff filed a declaration stating that the debtor examination has been completed and requested that the debtor be discharged. (ECF Nos. 22, 23.) On November 15, 2018, Senior District Judge Anthony W. Ishii issued an order requiring Plaintiff to file a status report on or before November 21, 2018, informing the Court whether this matter should remain open. (ECF No. 24.) Plaintiff did not file a status report in compliance with the November 21, 2018 order.
Local Rule 110 provides that "[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions . . . within the inherent power of the Court." The Court has the inherent power to control its docket and may, in the exercise of that power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000).
Accordingly, the Court HEREBY ORDERS PLAINTIFF TO SHOW CAUSE within five (5) days of the date of entry of this order why sanctions should not issue for the failure to file a status report as required by the November 15, 2018 order.
IT IS SO ORDERED.
