Ajose v. State Farm Fire and Casualty Company

Filing 35

ORDER DISCHARGING Order to Show Cause (Doc. 33). signed by Magistrate Judge Barbara A. McAuliffe on 5/27/2015. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BABA AJOSE,

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Plaintiff,
v.
STATE FARM FIRE and CASUALTY
COMPANY,
Defendant.

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) Case No.: 1:14-cv-809-JAM-BAM
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) ORDER DISCHARGING ORDER TO SHOW
) CAUSE
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On May 14, 2015, this Court issued an Order to Show Cause to counsel for Plaintiff Baba

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Ajose for his failure to appear at the May 14, 2015 status conference. (Doc. 33). On May 19, 2015,

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Counsel Stephen Imburg submitted a declaration in response to the OSC. (Doc.34). Mr. Imburg

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explains that a “power loss” prevented him from appearing telephonically at the hearing.

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reason, the order to show cause is discharged. (Doc. 34).

For that

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However, counsel, as an officer of the court, is admonished that he has an obligation to obey

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Court orders, follow the Federal Rules of Civil Procedure, and abide by the Court’s Local Rules.

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Counsel’s performance in this action thus far has been a drain on opposing counsel and the Court’s

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limited resources. Particularly, this Court has expended unnecessary time on managing this case due to

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Plaintiff’s and Counsel’s failure to prosecute or to dismiss this case.

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Plaintiff’s failure to produce initial disclosures is pending and the Court will not lightly disregard and

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will seriously consider the request for sanctions. In the interim, Plaintiff’s counsel should either take

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the management and prosecution of this case seriously, or dismiss it.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 27, 2015

A motion to compel for

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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