Garcia v. Peninsula Company
- Jon Tigar
- 4:22-cv-00192
- U.S. District Court · Northern District of California
- 2
Garcia v. Peninsula Company: Judge Tigar ordered Garcia to explain why sanctions should not be imposed for failing to complete service.
Orlando Garcia, whose failure to complete service or request an extension prompted the order to show cause; the order also discusses repeated deadline failures by his counsel.
What happened
In Garcia v. Peninsula Company, Orlando Garcia filed the complaint on January 11, 2022. The court said the deadline to complete service or request an extension passed on March 14, 2022, without either filing.
The court ordered Garcia to explain why sanctions should not be imposed for failing to follow the court’s orders. The opinion states that a written response was due May 24, 2022, and that a hearing was scheduled for June 7, 2022.
Judge Jon S. Tigar issued an order to show cause; the opinion does not state that sanctions were imposed.
The detailed version
- Garcia v. Peninsula Company · No. 4:22-cv-00192
- Jon Tigar
- Apr. 18, 2022
Background
Orlando Garcia filed the complaint on January 11, 2022. The court stated that General Order 56 required service to be completed, or a motion requesting an extension to be filed, within 60 days. The court said that deadline passed on March 14, 2022, and that no proof of service or administrative motion had been filed.
The opinion says, “Under General Order 56, Gomez was required” to take these steps, although the caption identifies the plaintiff as Garcia. The opinion also states that the court had frequently addressed failures by Garcia’s counsel to comply with deadlines, citing four other cases.
Order
The court ordered Garcia to show cause—meaning to explain—why sanctions should not be imposed for failing to comply with the court’s orders. The order cited the court’s authority to punish conduct that abuses the judicial process, including potentially awarding attorney’s fees when a party acts in bad faith or for oppressive reasons. The court did not impose sanctions in this order.
A written response was due by May 24, 2022. The court scheduled a show-cause hearing for June 7, 2022, at 2:00 p.m. Judge Jon S. Tigar signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.