Borges

(PC) Coffman v. Borges

Good Law
United States District Court, Eastern District of CaliforniaMay 3, 20231:23-cv-00012California340 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROBERT COFFMAN, Case No. 1:23-cv-00012-CDB

Plaintiff,

ORDER DISCHARGING APRIL 28, 2023,

ORDER TO SHOW CAUSE

v.

BORGES, ET AL,

Defendants.

16 On April 28, 2023, the Court issued a second order to show cause why sanctions should not be imposed for Plaitniff’s failure to prosecute this action and to comply with the Court’s orders. (Doc. 8). That same day, Counsel for Plaintiff filed a declaration in response to the Court’s order to show cause, as well as the proof of service documents. (Docs. 9-11). Counsel for Plaintiff represented he had difficulty in obtaining and filing “proof of service” from his process service vendor as it was in the process of closing its business. (Doc. 11). Further, Counsel for Plaintiff notes he has experienced staffing problems in his office. Id. at 3. To determine whether neglect is excusable, a court must consider four factors: "(1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on 26…

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