D.U.

O

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

D.U., by and through her Guardian Ad Case No. 5:20-cv-02127-JWH-SP Litem, KIMBERLY UCCELLO; and

KATIE UCCELLO, ORDER DISMISSING CASE

WITHOUT PREJUDICE

Plaintiffs,

v.

FIVE UNKNOWN NAMED

DEPUTY MARSHALS OF THE

U.S. MARSHALS SERVICE;

UNITED STATES OF AMERICA;

and DOES 1 to 10, inclusive,

Defendants.

I. SUMMARY OF DECISION

The American legal system was built—literally1—“on the premise that the adversary system is more effective in the search for truth.” Thus, the administration of justice in this country depends on the choreographed conflict between two parties: in civil practice, the plaintiff versus the defendant. The discovery process rests squarely in this truth-from-conflict paradigm. If one party does not equally and actively participate, the system fails. Because our system of justice relies on symmetrical participation, one party’s decision to shirk its duties under the rules may earn it sanctions. Before the Court is the motion of Defendant United States for terminating sanctions against Plaintiffs D.U. and Katie Uccello or, alternatively, dismissal for…