Noemi Garibaldi v. Compass Group USA Inc et al

Filing 21

MINUTE ORDER (IN CHAMBERS) by Judge Dale S. Fischer re failure to appear for Order to Show Cause Hearing. See Minute Order for specifics. Show Cause Hearing set for 6/3/2013 11:00 AM before Judge Dale S. Fischer. (dp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 13-11 DSF (AGRx)

4/25/13

Noemi Garibaldi, et al. v. Compass Group USA, Inc., 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 Why This Action Should Not
be Dismissed, or in the Alternative, Why Counsel Should Not be
Ordered to Pay Sanctions and Attorneys’ Fees

On April 4, 2013, this Court issued its Order to Show Cause Why the Court Should
Not Strike the Class Allegations; Order to Show Cause Why the Action Should Not be
Dismissed and Why Counsel Should Not be Sanctioned for Failure to Follow This
Court’s Orders; Order to Show Cause Why Matthew J. Matern Would be Adequate Class
Counsel; Order Vacating Scheduling Conference Date.
A hearing on these Orders to Show Cause was set for April 22, 2013 at 11:00 a.m.
Although counsel attempted to file a portion of his response under seal, he failed to
follow this Court’s General Orders and Local Rules. An Amended Joint Report and the
Declaration of Matthew J. Matern were filed on August 15. The Declaration addressed
some of the Court’s concerns, but failed to convince the Court that counsel was likely to
be named class counsel in this action. The Court intended to inquire further and withhold
a decision on the issue until a later date. However, Plaintiff’s counsel failed to appear at
the Order to Show Cause hearing, failed to advise the Court either before or after the
hearing of the reasons for the failure to appear, and has not contacted the Court to explain
his absence even after presumably receiving the minutes of that hearing.
In light of this continued inappropriate conduct, the Court is concerned that the
putative class is not being well-served. The Court orders Plaintiff’s counsel to show
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
cause in writing no later than May 6, 2013 why (1) this action should not be dismissed in
its entirety for repeated failure to comply with this Court’s rules and failure to prosecute,
(2) why the class allegations should not be dismissed for failure to have adequate class
counsel, and (3) alternatively, why counsel should not be ordered to pay sanctions in the
amount of $750 for failure to comply with this Court’s orders and failure to attend the
April 22 hearing and to pay defense counsel’s reasonable attorneys’ fees for their
attendance at the hearing.
A hearing on the Order to Show cause will be held on June 3, 2013 at 11:00 a.m.
Failure to respond in writing and appear at the hearing will result in dismissal of this
action, sanctions and an award of attorneys’ fees and costs.
Counsel are reminded that paper Chambers copies must be delivered pursuant to
this Court’s General Orders and the Local Rules. Counsel are further reminded to review
carefully the General Orders and Local Rules for this district and all of this Court’s
standing orders.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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