Arcure, et al. v. Meeker, et al.

Filing 31

ORDER TO SHOW CAUSE AND TO VACATE HEARING (Docs. 27-30) signed by District Judge Lawrence J. O'Neill on July 18, 2013. (Munoz, I)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE ARCURE, et al.,

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Plaintiffs,

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CASE NO. CV F 13-0541 LJO BAM
ORDER TO SHOW CAUSE AND TO
VACATE HEARING
(Docs. 27-30.)

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vs.

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CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES, et al.,
Defendants.

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______________________________/

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Defendants filed motions to dismiss, strike and severe and set an August 12, 2013

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hearing in disobedience of Local Rule 230(b). Setting a hearing with less than 28 days notice

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disparages this Court's rules and case management and puts undue pressure on plaintiffs.

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Moreover, this Court is obligated to maximize limited judicial resources and to best manage

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U.S. District Judge Lawrence J. O’Neill’s burdensome caseload of more than 1,800 cases.

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This Court is unable to manage and process cases to suit defendants' whim. Allowing a

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hearing to proceed without required notice would jeopardize this Court’s delicate case

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management, would devote inordinate resources to this action at the expense of other actions

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and litigants, and would unnecessarily burden plaintiffs. This Court is unable to devote

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inordinate efforts and resources to oversee and address defendants’ disobedience of Court

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rules.
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On the basis of good cause, this Court:

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VACATES the August 12, 2013 hearing set by defendants in disobedience of

Local Rule 230(b);
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ORDERS plaintiffs, no later than August 2, 2013, to file and serve papers to

respond to defendants' motions to dismiss, strike and severe (docs. 27-30);
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ORDERS defendants, no later than August 9, 2013, to file and serve optional

reply papers;
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ORDERS defense counsel, no later than July 24, 2013, to file and serve papers

to show cause why this Court should not impose sanctions on defense counsel and/or
defendants for disobedience of Local Rule 230(b); and
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ADMONISHES the parties and counsel that they must obey the Federal Rules

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of Civil Procedure and this Court=s Local Rules and orders and are subject to sanctions as this

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Court deems appropriate.

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Pursuant to its practice, this Court will consider defendants' motions to dismiss, strike
and severe (docs. 27-30) on the record without oral argument.

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Judges in the Eastern District of California carry the heaviest caseload in the nation,

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and this Court is unable to devote inordinate time and resources to individual cases and

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matters. The parties and counsel are encouraged to contact United States Senators Diane

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Feinstein and Barbara Boxer to address this Court’s inability to accommodate the parties and

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this action. The parties are required to consider, and if necessary, to reconsider consent to one

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of the Court's U.S. Magistrate Judges to conduct all further proceedings in that the Magistrate

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Judges’ availability is far more realistic and accommodating to parties than that of U.S. District

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Judge Lawrence J. O'Neill who must prioritize criminal and older civil cases. A Magistrate

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Judge consent form is available on this Court’s website.

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Civil trials set before Judge O'Neill trail until he becomes available and are subject to

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suspension mid-trial to accommodate criminal matters. Civil trials are no longer reset to a later

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date if Judge O'Neill is unavailable on the original date set for trial. If a trial trails, it may

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proceed with little advance notice, and the parties and counsel may be expected to proceed to
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trial with less than 24 hours notice. Moreover, this Court’s Fresno Division randomly and

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without advance notice reassigns civil actions to U.S. District Judges throughout the nation to

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serve as visiting judges. In the absence of Magistrate Judge consent, this action is subject to

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reassignment to a U.S. District Judge from outside the Eastern District of California. Case

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management difficulties, including trial setting and interruption, are avoided if the parties

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consent to conduct of further proceedings by a U.S. Magistrate Judge.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

July 18, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

66h44d

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