Bonvivino Capital LLC v. Morgan Clendenen et al

Filing 187

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)

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1 2 3 4 5 6 7 United States District Court Central District of California 8 9 10 11 BONVIVINO CAPITAL, LLC, Plaintiff, 12 v. 13 Case № 2:12-cv-08185-ODW(FFMx) ORDER TO SHOW CAUSE RE. CONTEMPT SANCTIONS 14 MORGAN CLENDENEN; COLD 15 HEAVEN CELLARS, LLC; and DOES 16 1-50 inclusive, Defendants. 17 18 On Thursday, October 30, 2014, the Court ordered Defense counsel, Chris 19 Harshman, to complete service electronically or by messenger of all outstanding 20 discovery responses without objection by Friday, October 31, 2014. (ECF No. 185.) 21 On Monday, November 3, 2014, Plaintiff’s counsel, James Hudson, copied the Court 22 on an email to Harshman explaining that the discovery responses had not been 23 received either electronically or by messenger. Rather than immediately email or call 24 Hudson to ensure that the discovery responses had been served by the Court-ordered 25 deadline, Harshman responded indifferently: “Check your inbox and/or spam folder; 26 link to download was sent Friday afternoon. Will follow up when back at computer.” 27 Hudson confirmed that the responses were not in his inbox or spam folder. 28 /// 1 This is the second time in as many weeks that Harshman has failed to comply 2 with a Court-ordered deadline and prevented Plaintiff’s counsel from properly 3 preparing for the depositions of Morgan Clendenen and the PMK. These responses 4 have been due for three weeks and still have not been served. The Court will not 5 continue to reschedule deadlines because counsel refuses to follow Court orders. 6 Therefore, the Court ORDERS Harshman to SHOW CAUSE, in writing, no 7 later than Thursday, November 6, 2014, why the Court should not impose sanctions 8 for repeated violations of the Court’s discovery deadlines. The Court CONTINUES 9 the depositions of Clendenen and the PMK to an appropriate date to allow Plaintiff 10 counsel to prepare for the depositions. Once this matter is resolved, a date will be set. 11 IT IS SO ORDERED. 12 13 November 3, 2014 14 15 16 17 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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