Zavala v. Chrones et al

Filing 170

ORDER to SHOW CAUSE Why James M. Hodges Should Not Be Held in Contempt, signed by Magistrate Judge Barbara A. McAuliffe on 2/15/13: Show Cause Hearing set for 3/8/2013 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEITH ZAVALA,

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CASE NO. 1:09-cv-01352-BAM PC
Plaintiff,
ORDER TO SHOW CAUSE WHY JAMES M.
HODGES SHOULD NOT BE HELD IN
CONTEMPT

v.
CHRIS CHRONES, et al.,
Defendants.
/

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Plaintiff Keith Zavala (“Plaintiff”), a state prisoner originally proceeding pro se, filed this
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civil rights action pursuant to 42 U.S.C. § 1983 on August 8, 2009. Following discovery, the Court
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issued a Second Scheduling Conference order, which set a jury trial for February 11, 2013. (ECF
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No. 95.) The Court continued the trial to February 12, 2013. (ECF No. 100.)
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On January 28, 2013, Plaintiff filed a motion to continue the trial because he anticipated legal
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representation by attorney James M. Hodges. (ECF No. 147.) On February 5, 2013, the Court held
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a hearing and denied Plaintiff’s motion to continue the trial. On February 6, 2013, the Court also
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issued a written order denying Plaintiff’s motion based, in part, on a finding that continuation of the
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trial would be highly prejudicial to Defendants. (ECF No. 153.)
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On February 7, 2013, a mere five days before trial, Mr. Hodges filed a notice of appearance
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on behalf of Plaintiff. (ECF No. 154.) Mr. Hodges also requested continuation of the trial and
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reported that he was not available from February 11 through February 13, 2013, including the trial’s
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scheduled start date. On February 8, 2013, the Court issued a written order denying Mr. Hodges’
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request to continue the trial. (ECF No. 156.) The Court explained that the last-minute efforts to

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forestall resolution of the matter would prejudice not only Defendants, but also witnesses, security

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personnel, counsel and the Court. Mr. Hodges received notice of the order on February 8, 2013,

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through the Court’s Case Management/Electronic Court Filing system.

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Trial in this matter commenced on February 12, 2013, at 8:30 a.m., and continued daily

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through February 15, 2013. Throughout the duration of the trial, Mr. Hodges failed to make any

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appearance. He also failed to make any effort to contact the Court regarding his failure to appear.

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Accordingly, Mr. Hodges is ordered to show cause why he should not be held in contempt and

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why sanctions should not be imposed for: (1) his failure to appear at trial in compliance with this

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Court’s scheduling and pretrial orders (Fed. R. Civ. P. 16(f); Local Rule 110); and (2) for filing

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his notice of appearance and request to continue trial in an effort to unnecessarily delay

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proceedings (Fed. R. Civ. P. 11; Local Rule 110).

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PLEASE TAKE NOTICE that on March 8, 2013, at 8:30 a.m. in Courtroom 8, James

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M. Hodges is ORDERED TO SHOW CAUSE why he should not be held in contempt and why

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sanctions should not be issued. Mr. Hodges must PERSONALLY APPEAR at this hearing.

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The Clerk of Court is DIRECTED to serve this order on Mr. Hodges (1) by mail at the

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Bellflower Law Center, Inc., 16505 Clark Ave., Bellflower, California, 90706; and (2) by

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electronic mail at [e-mail].

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The Clerk of the Court also is DIRECTED to serve a copy of this order on Plaintiff Keith
Zavala, J-73919, at Ironwood State Prison, P.O. Box 2199, Blythe, California 92226-2199.
IT IS SO ORDERED.
Dated:
10c20k

February 15, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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