Curtis v. Coca-Cola Enterprises Bottling Companies

Filing 53

ORDER to SHOW CAUSE Why a Contempt Citation Should Not Issue Against Mario Valdez: SHOW CAUSE HEARING for Mario Valdez is set for December 19, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. MARIIO VALDEZ - Y OU ARE HEREBY ORDERED TO APPEAR on December 19, 2014 at 9:00 AM at the U.S. Courthouse, 2500 Tulare Street, Fresno, CA. Defendant shall personally served Mr. Valdez with a copy of this order and with a copy of Defendant's applicat ion papers for an order to show cause. No later than December 12, 2014, Mr. Valdez may file and serve papers to address his failure to appear and to show cause why he should not be held in civil contempt for failure to appear at his deposition. signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2014. (Herman, H)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 MAURICE J. CURTIS, 12 Plaintiff, 13 14 Case No. 1:13-cv-1939 AWI-BAM ORDER TO SHOW CAUSE WHY A CONTEMPT CITATION SHOULD NOT ISSUE AGAINST MARIO VALDEZ v. BCI COCA-COLA ENTERPRISES BOTTLING COMPANIES, (Doc. 47). 15 16 Defendants. / 17 18 Date: December 19, 2014 Time: 9:00 AM Dept.: 8 (LJO) TO: MARIO VALDEZ 19 On November 7, 2014, Defendant BCI Coca-Cola Bottling Company of Los Angeles 20 (“Defendant”) filed an application for an order to show cause why third-party witness Mario Valdez 21 (“Mr. Valdez”) should not be held in civil contempt for failure to appear at his October 21, 2014 22 deposition pursuant to subpoena. 23 Based on review the reord, this Court SETS a hearing for December 19, 2014 at 9:00 a.m. in 24 Department 8 (BAM) to address whether Mr. Valdez will be held in civil contempt for failure to 25 appear at his deposition pursuant to subpoena. 26 Accordingly, YOU ARE HEREBY ORDERED TO APPEAR on December 19, 2014 at 27 9:00 AM at the United States Courthouse, located at 2500 Tulare Street Fresno, California, 93721 to 28 1 1 show cause why you should not be held in contempt for willfully disobeying a Subpoena in a Civil 2 Case which was personally served upon you on September 30, 2014, and which required your 3 appearance and the production of documents at a deposition on October 21, 2014. This Court orders 4 that no later than December 3, 2014, Defendant shall personally serve Mr. Valdez with a copy of this 5 order and with a copy of Defendant’s application papers for an order to show cause. 6 No later than December 12, 2014, Mr. Valdez may file and serve papers to address his failure 7 to appear and to show cause why he should not be held in civil contempt for failure to appear at his 8 deposition. No later than December 16, 2014, Defendant and other parties may file and serve papers 9 to respond to Mr. Valdez’s papers. 10 11 In the event you submit to deposition by Defendants before the hearing on December 19, 2014, the Court will consider vacating the hearing re: contempt and discharging the order to show cause. 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara November 25, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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