Allen v. Kramer et al

Filing 70

ORDER Discharging Order to Show Cause, signed by Magistrate Judge Jeremy D. Peterson on 9/19/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ALLEN,
Plaintiff,

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ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.

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Case No. 1:15-cv-01609-DAD-JDP

NORM KRAMER, et al.,

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Defendants.

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On September 11, 2018, the undersigned issued an order to show cause (“OSC”) asking

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attorneys Scott C. Hawkins and Daniel Cederborg whether the court should take action based

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on what appeared to be unauthorized practice of law. (Doc. No. 67.) The court issued the

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OSC after discovering that the attorney directory of the State Bar of California appeared to

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indicate that Mr. Hawkins had not been authorized to practice law in California during a period

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of time when he had filed documents with this court. Mr. Hawkins and Mr. Cederborg have

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responded to the OSC.
The attorneys’ responses indicate that the suspension listed for Mr. Hawkins was the

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result of an administrative error by the State Bar of California—that is, the State Bar of

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California did not timely process a penalty payment from Mr. Hawkins. (See Doc. No. 68, at

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2-4, 7-11, 13, 15-18.) The record of suspension has since been expunged from the State Bar of

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California’s directory, and the directory now shows that Mr. Hawkins has been authorized to

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practice law in California since June 2000 without any suspension of his license. (See id. at

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19.)

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The undersigned is satisfied that Mr. Hawkins has not engaged in unauthorized practice

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of law before this court. No sanction or other action is warranted. The undersigned

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appreciates the prompt and detailed responses from Mr. Hawkins and Mr. Cederborg.

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Order

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The order to show cause issued on September 11, 2018 (Doc. No. 67) is discharged.

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IT IS SO ORDERED.

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Dated:

September 19, 2018

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UNITED STATES MAGISTRATE JUDGE

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