Cartagena v. Schroeder, et al.
ORDER DISCHARGING Order to Show Cause (Doc. 14). ORDER CONTINUING THE INITIAL SCHEDULING CONFERENCE: Initial Scheduling Conference is continued from 4/11/2017 to May 9, 2017 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Each party may appear telephonically at the scheduling conference using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode: 3190866. By no later than May 2, 2017, the parties shall file an amended JOINT Scheduling Conference Report listing proposed discovery and trial dates. signed by Magistrate Judge Barbara A. McAuliffe on 4/11/2017. (Herman, H)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-01728-DAD-BAM
ORDER DISCHARGING ORDER TO SHOW
THOMAS R. SCHROEDER., et al.,
ORDER CONTINUING THE INITIAL
May 9, 2017
Plaintiff Herta Cartagena, with the assistance of counsel, filed the instant civil action on
November 15, 2016. An Initial Scheduling Conference was set for March 7, 2017. Plaintiff’s
counsel failed to appear at the conference. Accordingly, the Court issued an order directing
Plaintiff’s counsel to show cause why sanctions should not be imposed for the failure to appear at
the scheduling conference. (Doc. 14). The Court also set an Order to Show Cause hearing for
April 11, 2017.
On March 21, 2017, Plaintiff’s counsel filed a written response to the Court’s show cause
order. (Doc. 15). Counsel represents that he did not appear at the scheduling conference because
on the day of the conference he was experiencing significant health problems and debilitating side
effects from his prescription medication.
Counsel further explained that since missing the
scheduling conference he has returned to his cardiologist who has adjusted the dosage of his
On April 11, 2017, the Court conducted an Order to Show Cause hearing. Counsel for
Plaintiff appeared in person. Pro se Defendant Thomas Schroeder appeared telephonically on his
own behalf. At the show cause hearing, Plaintiff’s counsel reiterated that while his health
symptoms prevented him from timely appearing at the initial scheduling conference, his wife and
another attorney have agreed to assist him in monitoring his future obligations in this case.
The Court later inquired about the status of the case. In response, Defendant Thomas
Schroeder represented to the Court that he is in the process of retaining counsel to represent him
and the related revocable living trust. Based on Defendant’s representation, the Court continued
the scheduling conference so that counsel for Defendant could substitute into the case.
Having considered Plaintiff’s counsel’s written response and the representations made by
Defendant and Plaintiff’s counsel on the record, it is HEREBY ORDERED as follows:
1. The Court’s Order to Show Cause issued on March 17, 2017, is HEREBY
DISCHARGED and no sanctions will be imposed;
2. The INITIAL SCHEDULING CONFERENCE is CONTINUED to May 9, 2017 at
9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.
Each party may appear telephonically at the scheduling conference using the following
dial-in number and passcode: dial-in number 1-877-411-9748; passcode: 3190866.
3. By no later than May 2, 2017, the parties shall file an amended JOINT Scheduling
Conference Report listing proposed discovery and trial dates.
IT IS SO ORDERED.
April 11, 2017
UNITED STATES MAGISTRATE JUDGE
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