Lyon v. Bergstrom Law, Ltd.

Filing 48

ORDER to SHOW CAUSE why Attorneys' conduct should not be reported to the State Bars of California and Nevada and directing Clerk of Court to serve this order on attorneys signed by District Judge Dale A. Drozd on 9/7/2017. Show Cause Response due within 14-Days. (Lundstrom, T)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLE LYON, 12 13 14 15 16 No. 1:16-cv-00401-DAD-SKO Plaintiff, v. BERGSTROM LAW, LTD., ORDER TO SHOW CAUSE WHY ATTORNEYS’ CONDUCT SHOULD NOT BE REPORTED TO THE STATE BARS OF CALIFORNIA AND NEVADA Defendant. ORDER DIRECTING CLERK OF COURT TO SERVE THIS ORDER ON ATTORNEYS 17 18 On July 24, 2017, plaintiff filed a motion for attorney’s fees following entry of a default 19 judgment in plaintiff’s favor. (Doc. No. 43.) Defendant did not file written opposition to the 20 motion, nor did defendant’s counsel of record, Katherine G. Heidbrink, appear at the September 21 9, 2017 court hearing on plaintiff’s motion for an award of attorney’s fees and costs. Attorney 22 Heidbrink failed to provide the court with notice that she would not appear at the hearing, nor has 23 she provided any justification for her failure to do so. Despite her contention that she no longer 24 represents defendant, attorney Heidbrink remains defendant’s counsel of record in this case 25 because she has never sought nor been granted leave to withdraw. Because of her failure to 26 appear, and because of her failure to move to withdraw as defendant’s counsel of record in this 27 case, attorney Heidbrink is hereby ordered to show cause in writing as to why her conduct in this 28 action should not be referred to the State Bar of California. 1 1 Jeremy Bergstrom is the managing attorney for defendant Bergstrom Law, Ltd. Plaintiff’s 2 counsel in this action has attempted to communicate with attorney Bergstrom on multiple 3 occasions in an effort to dispose of this matter. However, the record is replete with evidence of 4 attorney Bergstrom’s failure to communicate with opposing counsel in a timely fashion.1 5 Moreover, it is apparent from the record that defendant Bergstrom Law, Ltd. has failed to comply 6 with a court order to compel discovery responses and to pay attorney’s fees. (Doc. Nos. 27–29.) 7 Moreover, although attorney Heidbrink departed her employment with Bergstrom Law, Ltd. but 8 failed to move to withdraw as counsel of record on behalf of that entity in this action, it is 9 apparent from the record before this court that attorney Bergstrom was well aware of that 10 situation, was receiving this court’s orders and nonetheless failed to comply with those orders and 11 abandoned this litigation. Accordingly, attorney Bergstrom is hereby ordered to show cause in 12 writing as to why his conduct should not be referred to the State Bar of Nevada. 13 Accordingly, 14 1. Attorney Heidbrink and attorney Bergstrom are ordered to show cause in writing 15 within fourteen (14) days of the issuance of this order as to why their conduct should 16 not be referred to their respective state bars. The parties are forewarned that should 17 they fail to respond to this order to show cause in writing, as required by this order, 18 sanctions will likely be imposed. See Chambers v. NASCO, Inc., 501 U.S. 32, 42–46 19 (1991) (recognizing that it is within the inherent authority of the court to control its 20 docket and require compliance with its orders); 21 ///// 22 ///// 23 ///// 24 1 25 26 27 28 Communications from plaintiff’s counsel to attorney Bergstrom that have apparently gone unreturned include: (1) an email to attorney Bergstrom and another Bergstrom Law employee on September 12, 2016 (Doc. No. 25-2 at ¶¶ 17–18; Doc. No. 25-8.); (2) a meet and confer letter sent by email, fax, and USPS to attorney Bergstrom on September 21, 2016 (Doc. No. 25-2 at ¶¶ 19– 20; Doc. No. 25-9.); (3) an email to attorney Bergstrom on September 26, 2016 (Doc. No. 25-2 at ¶¶ 20–21; Doc. No. 25-10.); and (4) separate emails sent to attorney Bergstrom on September 28, 29, and 30, 2016 (Doc. No. 25-2 at ¶¶ 24–28; Doc. No. 25-11; Doc. No. 25-12; Doc. No. 25-13.). 2 1 2. In addition to ECF service on counsel of record, the Clerk of the Court is also directed 2 to serve a copy of this order on Katherine G. Heidbrink, Esq. at 1 Huntington 3 Quadrangle, Ste. 3N05, Melville, NY 11747-4468; and on Jeremy Bergstrom, Esq. at 4 9555 S. Eastern Avenue, Suite 200, Las Vegas, NV 89123. 5 6 IT IS SO ORDERED. Dated: September 7, 2017 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?