Bonvivino Capital LLC v. Morgan Clendenen et al
ORDER TO SHOW CAUSE RE. CONTEMPT SANCTIONS by Judge Otis D. Wright, II: The Court ORDERS Harshman to SHOW CAUSE, in writing, no later than Thursday, November 6, 2014, why the Court should not impose sanctions for repeated violations of the Courts discovery deadlines. The Court CONTINUES the depositions of Clendenen and the PMK to an appropriate date to allow Plaintiffcounsel to prepare for the depositions. Once this matter is resolved, a date will be set. (lc)
United States District Court
Central District of California
BONVIVINO CAPITAL, LLC,
Case № 2:12-cv-08185-ODW(FFMx)
ORDER TO SHOW CAUSE RE.
MORGAN CLENDENEN; COLD
HEAVEN CELLARS, LLC; and DOES
On Thursday, October 30, 2014, the Court ordered Defense counsel, Chris
Harshman, to complete service electronically or by messenger of all outstanding
discovery responses without objection by Friday, October 31, 2014. (ECF No. 185.)
On Monday, November 3, 2014, Plaintiff’s counsel, James Hudson, copied the Court
on an email to Harshman explaining that the discovery responses had not been
received either electronically or by messenger. Rather than immediately email or call
Hudson to ensure that the discovery responses had been served by the Court-ordered
deadline, Harshman responded indifferently: “Check your inbox and/or spam folder;
link to download was sent Friday afternoon. Will follow up when back at computer.”
Hudson confirmed that the responses were not in his inbox or spam folder.
This is the second time in as many weeks that Harshman has failed to comply
with a Court-ordered deadline and prevented Plaintiff’s counsel from properly
preparing for the depositions of Morgan Clendenen and the PMK. These responses
have been due for three weeks and still have not been served. The Court will not
continue to reschedule deadlines because counsel refuses to follow Court orders.
Therefore, the Court ORDERS Harshman to SHOW CAUSE, in writing, no
later than Thursday, November 6, 2014, why the Court should not impose sanctions
for repeated violations of the Court’s discovery deadlines. The Court CONTINUES
the depositions of Clendenen and the PMK to an appropriate date to allow Plaintiff
counsel to prepare for the depositions. Once this matter is resolved, a date will be set.
IT IS SO ORDERED.
November 3, 2014
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
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