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N.D. Cal.Procedural orderFiled Mar. 15, 2022

Arroyo, Jr. v. Quach, Inc.

Judge
Jon Tigar
Docket
4:21-cv-08778
Court
U.S. District Court · Northern District of California
Pages
2
Civil ProcedureDiscovery
In one sentence

In Arroyo v. Quach, Judge Tigar ordered both sides to explain why sanctions should not follow their missed site-inspection deadline.

Who this affects

The order directly affected Plaintiff Rafael Arroyo, Jr. and Defendant Quach, Inc., who were required to respond to the show-cause order; it also concerned the plaintiff’s counsel’s compliance with court deadlines.

What happened

In Arroyo, Jr. v. Quach, Inc., the parties were required to complete a joint site inspection by February 24, 2022, but did not meet that deadline. They instead asked on March 9 to skip the inspection.

The court ordered the parties to explain in writing by May 24 why sanctions should not be imposed for failing to follow the court’s orders. The court also scheduled a hearing for June 7, 2022.

Judge Jon S. Tigar issued the order and noted that the court had repeatedly addressed the plaintiff’s counsel’s failures to meet court deadlines.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Arroyo, Jr. v. Quach, Inc. · No. 4:21-cv-08778
Judge
Jon Tigar
Date
Mar. 15, 2022

Background

Plaintiff Rafael Arroyo, Jr. served his complaint on Defendant Quach, Inc. on December 26, 2021. Under General Order 56, the parties were required to complete a joint site inspection by February 24, 2022. They did not meet that deadline and instead filed a request on March 9, 2022, to forgo the inspection.

The court stated that it had frequently addressed plaintiff’s counsel’s failure to comply with court deadlines in other cases.

Order

The court ordered the parties to show cause—in other words, to explain in writing—by May 24, 2022, why sanctions should not be imposed for failing to comply with the court’s orders. The court cited its local rules and the court’s inherent authority to punish conduct that abuses the judicial process. The order did not state that sanctions had already been imposed.

The court scheduled a show-cause hearing for June 7, 2022, at 2:00 p.m. Judge Jon S. Tigar issued the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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