Billups v. Lomeli

Filing 113

ORDER To SHOW CAUSE Why Sanctions Should Not Be Imposed, signed by District Judge Lawrence J. O'Neill on 7/23/2012. Show Cause Hearing set for 7/27/2012 at 08:00 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRICK LEE BILLUPS,

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CASE NO. CV F 06-1014 LJO PC

Plaintiff,

ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED

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vs.

Show Cause Hearing
Date:
Friday, July 27, 2012
Time:
8:00 a.m.
Court:
4 (LJO)

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LOMELI, Sargent,
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Defendant.
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This action was initiated by plaintiff Derrick Lee Billups (“Mr. Billups”), a California state

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prisoner, against defendant Lomeli in August 2006. Mr. Billups is represented by counsel Jance

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Marshall Weberman (“Mr. Weberman”) of the Law Offices of Jance Marshall Weberman.

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After an unsuccessful settlement conference, held on May 7, 2012, Mr. Weberman has failed to

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appear before this Court twice, failed to meet and confer with the Attorney General’s Office when

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ordered to do so, and failed to file any required pre-trial documents. Specifically, Mr. Weberman failed

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to meet and confer prior to the deadline for the parties to file a joint pre-trial statement, failed to file a

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joint pre-trial statement, failed to file a separate pre-trial statement, failed to appear at the pre-trial

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conference, failed to file motions in limine, failed to oppose the Attorney General’s Office’s motion in

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limine, and failed to appear for the motions in limine hearing. In addition, Mr. Weberman failed to

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return this Court’s courtesy phone call to determine what, if any, good cause Mr. Weberman had for his

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repeated violations of this Court’s various pre-trial orders.
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For good cause appearing, this Court:

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1.

ORDERS Mr. Weberman to show cause why sanctions should not be imposed for his

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repeated violations of this Court’s pre-trial orders. Mr. Weberman must appear

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personally at the show cause hearing scheduled to take place in this Court on

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Friday, July 27, 2012 at 8:00 a.m.

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2.

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ADMONISHES Mr. Weberman that if he fails to appear at this hearing, this Court shall
issue a bench warrant;

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3.

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DIRECTS the clerk of court to serve this show cause order on Mr. Weberman, Mr.
Billups personally, and defense counsel;

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4.

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DIRECTS the clerk of court to serve the pre-trial order (Doc. 105) on Mr. Billups
personally; and

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5.

DIRECTS the clerk of court to serve this order on the litigation coordinator at Avenal

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State Prison where Mr. Billups is currently incarcerated with instructions to coordinate

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so that Mr. Billups may appear telephonically to the show cause hearing on July 27, 2012

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at 8:00 a.m. Mr. Billups may appear telephonically by dialing [phone].

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IT IS SO ORDERED.
Dated:
b9ed48

July 23, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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