Metropolitan Life Insurance Company v. Martin et al

Filing 24

ORDER to SHOW CAUSE WHY PARTIES SHOULD NOT BE SANCTIONED FOR FAILURE TO COMPLY WITH ORDER SETTING MANDATORY SCHEDULING CONFERENCE (ECF 3). A Show Cause Hearing and Continued Scheduling Conference is set for January 31, 2013 at 9:30 a.m. before Magistrate Judge Michael J. Seng in Courtroom 6 (MJS), signed by Magistrate Judge Michael J. Seng on 1/3/2013. (Yu, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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METROPOLITAN LIFE INSURANCE
COMPANY, A NEW YORK CORP.

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Plaintiff,
v.

CASE NO.

1:12-CV-0422-LJO-MJS

ORDER TO SHOW CAUSE WHY PARTIES
SHOULD NOT BE SANCTIONED FOR
FAILURE TO COMPLY WITH ORDER
SETTING MANDATORY SCHEDULING
CONFERENCE.

ROSEMARY L. MARTIN, AN
INDIVIDUAL; and ESTATE of SUZANNE SHOW CAUSE HEARING AND
ESPARAZA
CONTINUED SCHEDULING
CONFERENCE SET FOR JANUARY 31,
Defendants.
2013 AT 9:30 A.M.
/ (ECF No. 3)

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The Initial Scheduling Conference set for January 4, 2013 at 10:30 a.m.

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before Magistrate Judge Michael J. Seng is continued to January 31, 2013 at a 9:30 a.m.

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before Magistrate Judge Michael J. Seng in Courtroom 6.

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On March 22, 2012, this Court issued an “Order Setting Mandatory Scheduling

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Conference” (ECF No. 3) which, as amended by ECF No. 6, 13, 14, 16 and 20, informed
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counsel that “A Joint Scheduling Report, thoughtfully prepared and executed by all
counsel, shall be electronically filed in CM/ECF one (1) full week prior to the Scheduling

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Conference and be emailed, in Wordperfect, to [e-mail]. “ The

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parties did not comply with this requirement.

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The Court also notes that an apparently essential party, the Estate of Suzanne

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Esparza, though reportedly served September 27, 2012, has not yet appeared and no
default has been entered against that party.

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Accordingly, the parties are ORDERED to Show Cause on January 31, 2013 at 9:30

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a.m. before Magistrate Judge Michael J. Seng in Courtroom 6 why they should not be

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sanctioned for their failure to comply with this Court’s Order Setting Mandatory Scheduling

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Conference and for delay in requiring the appearance or otherwise proceeding against the

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Estate of Suzanne Esparza.

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IT IS SO ORDERED.

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Dated:
ci4d6

January 3, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE