Herbert E. Gleicke Trust, by and through its trustee Loren Miles et al v. Altawood, Inc. et al

Filing 326

MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR VIOLATION OF THE COURT'S SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. Defendants are ordered to show cause, in writing, on or before July 25, 2023, why: (1) their respective answers should not be stricken and default should not be entered against them; (2) the Court should not impose sanctions in the amount of $5,000 against each defendant's lead counsel; and (3) the Court should not conclude that Defendants have waived all objections to Plaintiffs proposed jury instructions and proposed verdict form. (iv)

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

CV 17-3262-JFW(AFMx)

Title:

Herbert E. Gleicke Trust, by and through its trustee Loren Miles, et al. -v- Altawood,
Inc., et al.

Date: July 21, 2023

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD
NOT ISSUE FOR VIOLATION OF THE COURT’S
SCHEDULING AND CASE MANAGEMENT ORDER

Pursuant to the Court’s Scheduling and Case Management Order (“CMO”) filed on May 4,
2022 (Docket No. 166), the Court’s Order Re: Stipulation for Continuance (Docket No. 238), and
the Local Rules, the parties were required to file a Joint Set of Proposed Jury Instructions, Joint
Memorandum of Law re Disputed Instructions, Joint Verdict Form, and their respective Memoranda
of Contentions of Fact and Law on or before July 20, 2023.
Defendants have failed to cooperate in the preparation of the required Joint Set of Proposed
Jury Instructions, Joint Memorandum of Law re Disputed Instructions, and Joint Verdict Form. In
addition, Defendant Altawood, Inc. has failed to file its Memorandum of Contentions of Fact and
Law.
The Court expressly warned Defendants that: “If counsel fail to cooperate in the preparation
of the required Pre-Trial documents [or] fail to file the required Pre-trial documents . . . and such
failure is not otherwise satisfactorily explained to the Court . . . default judgment shall be entered if
such failure occurs on the part of the defendant; or [ ] the Court may take such action as it deems
appropriate.” CMO at pp. 34.
The Court also expressly warned Defendants that: “The failure
of any counsel to comply with or cooperate in all of the foregoing procedures regarding jury
instructions and/or verdict form will constitute a waiver of all objections to the jury instructions
and/or verdict form used by the Court . . . .” CMO at 30.
Accordingly, Defendants are ordered to show cause, in writing, on or before July 25, 2023,
why: (1) their respective answers should not be stricken and default should not be entered against
them; (2) the Court should not impose sanctions in the amount of $5,000 against each defendant’s
Page 1 of 2

Initials of Deputy Clerk sr

lead counsel; and (3) the Court should not conclude that Defendants have waived all objections to
Plaintiffs’ proposed jury instructions and proposed verdict form. No oral argument on this matter
will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The
Order to Show Cause will stand submitted upon the filing of the response to the Order to Show
Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions
and the entry of default against the relevant party.
IT IS SO ORDERED.

Page 2 of 2

Initials of Deputy Clerk sr