Maria Aurora Rascon v. Diversified Maintenance Systems, Inc. et al

Filing 25

ORDER DISCHARGING 24 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 5/30/2014. (Hall, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 MARIA AURORA RASCON, ) ) Plaintiff, ) ) v. ) DIVERSIFIED MAINTENANCE SYSTEMS, ) ) INC. et al., ) ) Defendant. ) Case No.: 1:13-cv-01578 -AWI - JLT ORDER DISCHARGING ORDER TO SHOW CAUSE (Doc. 24) 17 On May 28, 2014, the Court held the scheduling conference in this case. (Doc. 22) As a result 18 of the failure of Plaintiff and her counsel to appear at the conference, the Court issued an order to them 19 to show cause why sanctions should not be imposed. (Doc. 23) 20 On May 29, 2014, attorney Marcus Lee responded that he assumed, despite the explicit orders 21 to the contrary, that Judge Ishii would be handling the scheduling conference. (Doc. 24 at 2) Thus, he 22 reviewed Judge Ishii’s calendar and decided that Judge Ishii normally hears such civil matters at 1:30 23 p.m. Id. Thus, Mr. Lee calendared the conference at 1:30. Id. Mr. Lee made arrangements to appear 24 via CourtCall and this service signed him up at the correct time, 9:00 a.m., and at the correct place, the 25 United States Courthouse in Bakersfield, California. Id. However, Mr. Lee failed to review the 26 CourtCall confirmation and did not apprise himself of the correct time for the conference. Id. 27 Though Mr. Lee fails to explain why he believed this Court’s explicit order setting the 28 conference at 9:00 a.m. before Judge Thurston was not accurate or may be disregarded, the Court 1 1 2 3 ORDERS the order to show cause to be DISCHARGED. Plaintiff and her counsel are advised that the Court expects strict compliance with its explicit orders and further failures to comply will result in the imposition of sanctions. 4 5 6 7 IT IS SO ORDERED. Dated: May 30, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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