Sinclair et al v. Fox Hollow, et al

Filing 716

ORDER DENYING Defendant's 710 Application to Continue Hearing; ORDER to Take Hearing off Calendar, signed by Magistrate Judge Dennis L. Beck on 08/2/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FOX HOLLOW OF TURLOCK
OWNERS’ASSOCIATION, et al.,

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Plaintiffs,
v.
RICHARD SINCLAIR, et al.,

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Defendants.

1:03cv5439 OWW DLB
ORDER DENYING DEFENDANT’S
APPLICATION TO CONTINUE HEARING
(Document 710)
ORDER TAKING HEARING
OFF CALENDAR

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On June 27, 2011, this Court issued an Order to Show Cause to Defendant Richard

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Sinclair why sanctions should not be imposed under Rule 11(c)(3) for violations of Rule 11(b) in

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moving to disqualify opposing counsel. The Court set the hearing for August 12, 2011. The

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Court also ordered Mr. Sinclair to file a written response to the Order to Show Cause by July 29,

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2011. He has failed to do so.

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On August 1, 2011, Mr. Sinclair filed an application to advance the August 12, 2011,

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hearing to August 26, 2011. According to Mr. Sinclair, he has “a Court matter in another town

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previously set” and he “cannot be in both places at once.” Declaration of Richard Sinclair, ¶ 3.

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Plaintiffs opposed the application on August 1, 2011, and submitted evidence

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demonstrating that Mr. Sinclair filed a request to move a hearing in the Northern District to

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August 12, 2011, three days after the Court’s June 27, 2011, order. Exhibits A and B, attached to

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Declaration of John Dunn.
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Mr. Sinclair has failed to file a timely written response as ordered by this Court.

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Accordingly, he is not entitled to be heard and the August 12, 2011, hearing is TAKEN OFF

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CALENDAR. The Court will issue a written order.

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Mr. Sinclair’s application to advance the hearing is therefore DENIED.
IT IS SO ORDERED.
Dated:

August 2, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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