Villareal v. County of Fresno

Filing 130

ORDER DISCHARGING 126 Order to Show Cause; ORDER DIRECTING Clerk to Send Fresno County Counsel Daniel Cederborg a Copy of this Order signed by Magistrate Judge Erica P. Grosjean on 9/25/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELAINE K. VILLAREAL,
Plaintiff,

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Case No. 1:15-cv-01410-DAD-EPG (PC)
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
(ECF NO. 126)

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COUNTY OF FRESNO AND SHERIFF
MARGARET MIMS,

ORDER DIRECTING CLERK TO SEND
FRESNO COUNTY COUNSEL DANIEL
CEDERBORG A COPY OF THIS ORDER

Defendants.

On September 12, 2018, the Court issued an order to show cause (“OSC”) asking attorneys

17 Scott Hawkins and Daniel Cederborg whether the Court should take action based on what
18 appeared to be unauthorized practice of law. (ECF No. 126). The Court issued the OSC after
19 discovering that the attorney directory of the State Bar of California appeared to indicate that
20 Mr. Hawkins was not authorized to practice law in California when he filed a reply brief and
21 appeared at a hearing in this case. Mr. Hawkins and Mr. Cederborg have responded to the OSC.
22 (ECF Nos. 128 & 129).
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The attorneys’ responses indicate that the suspension listed for Mr. Hawkins was the result

24 of an administrative error by the State Bar of California—that is, the State Bar of California did
25 not timely process a payment from Mr. Hawkins. (See ECF No. 128, 2-4, 7-11, 13, & 15-18).
26 The record of suspension has since been expunged from the State Bar of California’s directory,
27 and the directory now shows that Mr. Hawkins has been authorized to practice law in California
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1 since June 2000 without any suspension of his license. (See id. at 19).
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The Court is satisfied that Mr. Hawkins has not engaged in the unauthorized practice of law

3 before this Court. No sanction or other action is warranted. The Court appreciates the prompt
4 and detailed responses from Mr. Hawkins and Mr. Cederborg.
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Accordingly, IT IS ORDERED THAT:
1. The order to show cause issued on September 12, 2018 (ECF No. 126), is

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DISCHARGED; and

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2. The Clerk of Court is directed to serve a copy of this order on Daniel Cederborg,

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Fresno County Counsel, 2220 Tulare St, 5th Floor, Fresno, CA 93721.

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IT IS SO ORDERED.
Dated:

September 25, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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