Antelope Valley Allied Arts Association et al v. Lancaster Redevelopment Agency et al

Filing 148

(IN CHAMBERS) MEMORANDUM ORDER TO SHOW CAUSE RE SANCTIONS by Judge Dale S. Fischer. The Court orders Plaintiffs counsel to show cause in writing on or before 11/21/2011 why sanctions in the amount of $250.00 payable to the Clerk of the Court should not issue for counsels failure to meet and confer in good faith, notify the Court of Plaintiffs non-opposition, and for its extreme delay in filing the (ultimately ineffective) request for dismissal. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 10-10039 DSF (FMOx)

11/7/11

Antelope Valley Allied Arts Association, et al. v. Lancaster Redevelopment
Agency, et al.

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order to Show Cause re Sanctions

On September 26, 2011, Defendants moved to dismiss Plaintiff’s counterclaims.
(Docket No. 103.) Oral argument was scheduled for Monday, November 7, 2011. The
motion and accompanying Declaration of David C. Palmer recite Defendants’ numerous
(unsuccessful) efforts to convince Plaintiff to dismiss its counterclaims. Plaintiff’s
counsel filed an Opposition that failed directly to address claims two through five, but did
not specifically note that Plaintiff did not oppose dismissal of those claims. On Friday
afternoon, November 4, Plaintiff filed a request for dismissal of four of their five
counterclaims. (Docket No. 138.) Thus, it appears that had Plaintiffs’ counsel met and
conferred in good faith as required by Local Rule 7-3 and this Court’s Standing Order,
and advised the Court that claims two through five were no longer at issue, or agreed to
stipulate to dismissal of those four claims, the Court would have been saved significant
effort and could have directed its time and attention to matters of other parties with
legitimate disputes. This obviously is the purpose of Rule 7-3.
The Court orders Plaintiff’s counsel to show cause in writing on or before
November 21, 2011 why sanctions in the amount of $250.00 payable to the Clerk of the
Court should not issue for counsel’s failure to meet and confer in good faith, notify the
Court of Plaintiff’s non-opposition, and for its extreme delay in filing the (ultimately
ineffective) request for dismissal.
The Court notes that Mr. Landsgaard failed to appear for the hearing on this matter
CV-90 (12/02)

MEMORANDUM

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
due to being ordered to remain in state court on another matter. No explanation was
given for why Ms. Echegary, also counsel of record for Plaintiff, failed to appear. If Ms.
Echegary no longer wishes to represent Plaintiff, she must seek the Court’s permission to
withdraw.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

Page 2 of 2