Free Order to Show Cause - District Court of Colorado - Colorado

Case 1:03-cv-02422-WDM-OES

Document 93

Filed 08/10/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-cv-02422-WDM-OES

LUTHER EARL MADRY, JR., Plaintiff, vs. LISA PICKERING, CPL. GILBERT J. LADRINI, JR., JEFFERY MAIZE, and DANIEL ANDERSON, Defendants.

ORDER TO SHOW CAUSE Entered by O. Edward Schlatter, United States Magistrate Judge. By Order, dated July 12, 2005, plaintiff was directed to make payment of $135.00 to counsel for the defendants as a sanction for failing to appear at the designated time for the July 12, 2005, Preliminary Scheduling/Status Conference. Payment was to be made by the plaintiff to counsel for the defendants on or before 4:00 p.m. (MDT) on July 22, 2005. Plaintiff was warned that failure to make the payment could result in the imposition of additional sanctions, to include dismissal of the case. By motion, counsel for the defendants has notified the court that the $135 payment was not made and that although they have attempted to contact the plaintiff in this regard, plaintiff has not responded. The defendants seek dismissal of this action based upon

Case 1:03-cv-02422-WDM-OES

Document 93

Filed 08/10/2005

Page 2 of 2

plaintiff' behavior, or lack thereof. s

Accordingly, plaintiff is ORDERED to personally appear at the Preliminary Scheduling/Status Conference set for 10:00 a.m. on August 17, 20051, and show cause as to why the defendant' motion should not be granted and this case be dismissed, or s other sanctions imposed, for plaintiff' failure to comply with the court' Order of July 12, s s 2005. Dated at Denver, Colorado, this 10th day of August, 2005. BY THE COURT:

s/O. Edward Schlatter _______________________________ O. Edward Schlatter United States Magistrate Judge

This conference was rescheduled from August 15, 2005, at 9:45 a.m. to August 17, 2005, at 10:00 a.m., by Minute Order filed on August 3, 2005. See Docket #84. 2

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