John Ho v. 24 Hour Fitness US, Inc. et al

Filing 15

ORDER TO SHOW CAUSE RE: SANCTIONS by Magistrate Judge Michael R. Wilner.Order Show Cause Hearing set for 1/31/2013 at 02:00 PM. (See Minute Order for further details) (vm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-5177 FMO (MRWx)

Title

Ho v. 24 Hour Fitness USA, Inc.

Present: The
Honorable

Date

January 28, 2013

Michael R. Wilner
Veronica McKamie

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

n/a

n/a

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS

The parties requested that the Court conduct a settlement conference in this civil action.
In anticipation of the settlement conference, the Court spoke by telephone with the parties
several times and issued a detailed order in August 2012 with its expectations regarding the
parties’ pre-conference preparation. That order specifically instructed the parties to “deliver (by
hand or FedEx) to Judge Wilner’s chambers a confidential settlement conference letter”
summarizing the status of the lawsuit and the history of the parties’ settlement discussions.
(Docket # 12.) The parties were to submit their settlement letters one week before the scheduled
conference.
The Court received a written submission from Defendant on January 23, 2013. However,
to date (11:30 a.m. on January 28), the Court has not received anything from Plaintiff.
Plaintiff’s failure to provide the required letter has significantly interfered with the Court’s
preparation for the settlement conference. Moreover, based solely on the contents of
Defendant’s submission, the Court has grave doubts about the legitimacy and good faith of
Plaintiff’s previous settlement discussions with Defendant.
Therefore, it is ORDERED that counsel for Plaintiff (Attorneys Potter and Ballister) must
show cause why they should not personally be found in contempt of the Court’s settlement
conference order. The Court will conduct a hearing on the OSC at the beginning of the
settlement conference on January 31in the presence of the parties’ clients. Among the sanctions
that the Court will consider are personal financial penalties against counsel and whether to
recommend dismissal of the action.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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