Thomas v. Wilber et al

Filing 138

ORDER Vacating Defendants' Pretrial Statement Deadline and Trial Confirmation Hearing, Setting Order to Show Cause Hearing, and Requiring Attorney Steve Whitworth to Presonally Appear, signed by Magistrate Judge Sheila K. Oberto on 4/21/15. Show Cause Hearing set for 4/28/2015 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Gonzalez, R)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

JASON LATRELL THOMAS,
Plaintiff,

11
12
13

v.
M. WILBER, et al.,
Defendants.

14
15

Case No. 1:10-cv-00006-SKO (PC)
ORDER VACATING DEFENDANTS’
PRETRIAL STATEMENT DEADLINE
AND TRIAL CONFIRMATION HEARING,
SETTING ORDER TO SHOW CAUSE
HEARING, AND REQUIRING ATTORNEY
STEVE WHITWORTH TO PERSONALLY
APPEAR
Date: April 28, 2015
Time: 10:30 a.m.
Courtroom: 7

16
_____________________________________/
17
18

This case is set for a telephonic trial confirmation hearing on May 6, 2015, and jury trial on

19 June 2, 2015. For the third time, Steve Whitworth, Esquire, counsel for Plaintiff, has violated a
20 court order by failing to file a pretrial statement. (Docs. 130, 131, 136.) The order to show cause
21 why counsel should not be sanctioned, filed on March 23, 2015, remains pending, as discharge
22 was contingent upon compliance with the April 20, 2015, deadline. (Docs. 132, 136.)
23

Accordingly, based on Plaintiff’s failure to file a pretrial statement on or before April 20,

24 2015, the Court HEREBY ORDERS as follows:
25

1.

is VACATED;

26
27
28

The deadline for Defendants to file their pretrial statement, set for April 27, 2015,

2.

The telephonic trial confirmation hearing set for May 6, 2015, at 2:00 p.m. is
VACATED;

1

3.

The order to show cause filed on March 23, 2015, is set for hearing on April 28,

2

2015, at 10:30 a.m. in Courtroom 7;

3

4.

Steve Whitworth, Esquire, is required to personally appear for the hearing;

4

and

5

Defendants’ counsel may appear by telephone.1

5.

6
7

IT IS SO ORDERED.
Dated:

8

April 21, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

[phone].

2