Medlock v. Taco Bell Corp., et al.

Filing 485

ORDER DISCHARGING Order to Show Cause and vacating 9/3/2014 hearing. Signed by Magistrate Judge Stanley A. Boone on 8/28/2014. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRIKA MEDLOCK, et al.,

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Case No. 1:07-cv-01314-SAB

Plaintiffs,

ORDER DISCHARGING ORDER TO
SHOW CAUSE AND VACATING
SEPTEMBER 3, 2014 HEARING

v.
TACO BELL CORP., et al.,

(ECF Nos. 483, 484)

Defendants.

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On August 15, 2014, an order issued requiring counsel Timothy Donahue to show cause

18 for his failure to appear at an August 13, 2014 hearing on Defendants’ motion to compel. (ECF
19 No. 483.) On August 26, 2014, Mr. Donahue filed a response stating that his secretary mis20 calendared the date. Further, Mr. Donahue asserts that he knows of no law or legal requirement
21 mandating his appearance on missed law and motion matter and neither opposing counsel or the
22 Court contacted him regarding his missed appearance. Counsel’s rationale is unsatisfactory.
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Local Rule 230(i) provides that “[a]bsent notice of intent to submit the matter on the

24 briefs, failure to appear may be deemed withdrawal . . . of opposition to the motion, in the
25 discretion of the Court, or may result in the imposition of sanctions.” Counsel is expected to be
26 familiar with the Local Rules when practicing in this Court. Further, it is not the duty of
27 opposing counsel or the Court to advise counsel of a hearing, that is the counsel’s responsibility.
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alendar and submitted is done throug an order issued befor the
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1 Any matt which is taken off ca
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aintains a he
earing when necessary f the Cour to address issues raise by
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2 hearing and only ma
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3 the respe
While the answer is unsa
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atisfactory, the Court fin that it d
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does not nece
essitate sanc
ctions

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her
er.
nstance, the Court shall discharge t order to show
l
the
5 or a furth hearing on the matte In this in
owever coun
nsel is advis that furt
sed
ther such in
ncidents may result in t impositio of
y
the
on
6 cause, ho
s.
7 sanctions
Based on the foregoing, IT IS HERE
B
I
EBY ORDER
RED that th order to sh
he
how cause is
ssued

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D
ED
h
for
er
s
D.
9 August 15, 2014 is DISCHARGE and the hearing set f Septembe 3, 2014 is VACATED
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O
D.
IT IS SO ORDERED

13 Dated:
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August 28, 2014
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UNITE STATES MAGISTR
ED
S
RATE JUDG
GE

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