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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KEITH ZAVALA, 10 11 12 13 14 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. / 15 Plaintiff Keith Zavala (“Plaintiff”), a state prisoner originally proceeding pro se, filed this 16 civil rights action pursuant to 42 U.S.C. § 1983 on August 8, 2009. Following discovery, the Court 17 issued a Second Scheduling Conference order, which set a jury trial for February 11, 2013. (ECF 18 No. 95.) The Court continued the trial to February 12, 2013. (ECF No. 100.) 19 On January 28, 2013, Plaintiff filed a motion to continue the trial because he anticipated legal 20 representation by attorney James M. Hodges. (ECF No. 147.) On February 5, 2013, the Court held 21 a hearing and denied Plaintiff’s motion to continue the trial. On February 6, 2013, the Court also 22 issued a written order denying Plaintiff’s motion based, in part, on a finding that continuation of the 23 trial would be highly prejudicial to Defendants. (ECF No. 153.) 24 On February 7, 2013, a mere five days before trial, Mr. Hodges filed a notice of appearance 25 on behalf of Plaintiff. (ECF No. 154.) Mr. Hodges also requested continuation of the trial and 26 reported that he was not available from February 11 through February 13, 2013, including the trial’s 27 scheduled start date. On February 8, 2013, the Court issued a written order denying Mr. Hodges’ 28 1 1 request to continue the trial. (ECF No. 156.) The Court explained that the last-minute efforts to 2 forestall resolution of the matter would prejudice not only Defendants, but also witnesses, security 3 personnel, counsel and the Court. Mr. Hodges received notice of the order on February 8, 2013, 4 through the Court’s Case Management/Electronic Court Filing system. 5 Trial in this matter commenced on February 12, 2013, at 8:30 a.m., and continued daily 6 through February 15, 2013. Throughout the duration of the trial, Mr. Hodges failed to make any 7 appearance. He also failed to make any effort to contact the Court regarding his failure to appear. 8 Accordingly, Mr. Hodges is ordered to show cause why he should not be held in contempt and 9 why sanctions should not be imposed for: (1) his failure to appear at trial in compliance with this 10 Court’s scheduling and pretrial orders (Fed. R. Civ. P. 16(f); Local Rule 110); and (2) for filing 11 his notice of appearance and request to continue trial in an effort to unnecessarily delay 12 proceedings (Fed. R. Civ. P. 11; Local Rule 110). 13 PLEASE TAKE NOTICE that on March 8, 2013, at 8:30 a.m. in Courtroom 8, James 14 M. Hodges is ORDERED TO SHOW CAUSE why he should not be held in contempt and why 15 sanctions should not be issued. Mr. Hodges must PERSONALLY APPEAR at this hearing. 16 The Clerk of Court is DIRECTED to serve this order on Mr. Hodges (1) by mail at the 17 Bellflower Law Center, Inc., 16505 Clark Ave., Bellflower, California, 90706; and (2) by 18 electronic mail at 19 20 21 22 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 23 24 25 26 27 28 2

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