Michael Cohen v. SV Bird of Paradise et al

Filing 26

MEMORANDUM (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Dale S. Fischer. Refer to the Court's order for details. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

Date

CV 15-1325 DSF (PLAx)

05/11/15

Michael Cohen v. S/V Bird of Paradise, 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

On May 7, 2015, Plaintiff’s counsel filed a document titled Notice of
Unavailability of Counsel. This Court’s Standing Order, filed in this case on February
25, 2015, provides:
20. “Notice of Unavailability”
While the Court expects that counsel will conduct themselves
appropriately and will not deliberately schedule Court or other proceedings
when opposing counsel are unavailable, a “Notice of Unavailability” has no
force or effect in this Court. Such documents should not be filed.
The filing of the Notice of Unavailability violates this Court’s Standing Order. To
the extent the Notice was meant to communicate with the Court, it is inappropriate.
Counsel lacks the authority to usurp the Court’s control of its own docket. If anyone
were subject to being sanctioned based on the “Notice of Unavailability,” it would be
Plaintiff for filing a document that has no legal basis. To the extent the Notice is meant
to communicate with opposing counsel, it should not have been filed with the Court. The
Court expects that all counsel will act professionally when scheduling depositions,
hearings, etc.
Moreover, it is entirely inappropriate for counsel to suggest that this Court would
CV-90 (12/02)

MEMORANDUM

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
impose sanctions under these circumstances.
Counsel is ordered to show cause in writing no later than May 18, 2015 why he
should not be sanctioned in the amount of $250 payable to the Clerk of the Court for
violation of this Court’s Standing Order. The Court will advise the parties if a hearing is
to be held. Payment of $250 to the Clerk of the Court by May 18, 2015 will be a
sufficient response to this Order to Show Cause.

IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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