Maria Aurora Rascon v. Diversified Maintenance Systems, Inc. et al
Filing
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ORDER DISCHARGING 24 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 5/30/2014. (Hall, S)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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MARIA AURORA RASCON,
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Plaintiff,
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v.
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DIVERSIFIED MAINTENANCE SYSTEMS, )
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INC. et al.,
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Defendant.
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Case No.: 1:13-cv-01578 -AWI - JLT
ORDER DISCHARGING ORDER TO SHOW
CAUSE
(Doc. 24)
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On May 28, 2014, the Court held the scheduling conference in this case. (Doc. 22) As a result
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of the failure of Plaintiff and her counsel to appear at the conference, the Court issued an order to them
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to show cause why sanctions should not be imposed. (Doc. 23)
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On May 29, 2014, attorney Marcus Lee responded that he assumed, despite the explicit orders
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to the contrary, that Judge Ishii would be handling the scheduling conference. (Doc. 24 at 2) Thus, he
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reviewed Judge Ishii’s calendar and decided that Judge Ishii normally hears such civil matters at 1:30
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p.m. Id. Thus, Mr. Lee calendared the conference at 1:30. Id. Mr. Lee made arrangements to appear
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via CourtCall and this service signed him up at the correct time, 9:00 a.m., and at the correct place, the
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United States Courthouse in Bakersfield, California. Id. However, Mr. Lee failed to review the
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CourtCall confirmation and did not apprise himself of the correct time for the conference. Id.
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Though Mr. Lee fails to explain why he believed this Court’s explicit order setting the
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conference at 9:00 a.m. before Judge Thurston was not accurate or may be disregarded, the Court
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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.
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IT IS SO ORDERED.
Dated:
May 30, 2014
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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