Swanson v. EMC Mortgage Corporation et al

Filing 40

ORDER DISCHARGING 35 Order to Show Cause and VACATING December 31, 2009 Hearing, signed by Magistrate Judge Dennis L. Beck on 12/30/2009. (Verduzco, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On August 25, 2009, Plaintiff filed the present action. 18 On December 10, 2009, the Court issued an order to show cause why the action should not be 19 dismissed for Plaintiff's failure to appear at the Mandatory Scheduling Conference on December 3, 20 2009. Plaintiff's counsel also failed to participate in the preparation of a joint scheduling report and 21 reportedly made no effort to discuss the case with Defendants. The Court ordered Plaintiff's counsel 22 to appear in person on December 31, 2009, to show cause why the action should not be dismissed. 23 Plaintiff's counsel filed a response to the order to show cause on December 29, 2009. 24 Counsel explains that she has more than 80 cases pending in the district courts in California and she 25 inadvertently overlooked the scheduling conference on December 3, 2009. Counsel further explains 26 that she has hired a paralegal/office manager to assist her. Counsel accepts full responsibility for her 27 28 1 ) ) ) ) ) Plaintiff, ) ) vs. ) ) EMC MORTGAGE CORPORATION, et ) al., ) ) ) Defendants. ) ____________________________________) MARLA LYNN SWANSON, 1:09cv01507 LJO DLB ORDER DISCHARGING ORDER TO SHOW CAUSE AND VACATING DECEMBER 31, 2009 HEARING (Document 35) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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actions. Based on counsel's response, the order to show cause is DISCHARGED and the December 31, 2009, hearing is VACATED. In the future, Plaintiff's counsel should ensure compliance with deadlines scheduled in this matter.

IT IS SO ORDERED. Dated: 3b142a

December 30, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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