Cartagena v. Schroeder, et al.

Filing 18

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HERTA CARTAGENA,

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Plaintiff,

Case No. 1:16-cv-01728-DAD-BAM
ORDER DISCHARGING ORDER TO SHOW
CAUSE

v.
THOMAS R. SCHROEDER., et al.,

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Defendants.

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ORDER CONTINUING THE INITIAL
SCHEDULING CONFERENCE
New Date:
Time:
Dept:

May 9, 2017
9:30 a.m.
8(BAM)

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Plaintiff Herta Cartagena, with the assistance of counsel, filed the instant civil action on

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November 15, 2016. An Initial Scheduling Conference was set for March 7, 2017. Plaintiff’s

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counsel failed to appear at the conference. Accordingly, the Court issued an order directing

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Plaintiff’s counsel to show cause why sanctions should not be imposed for the failure to appear at

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the scheduling conference. (Doc. 14). The Court also set an Order to Show Cause hearing for

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April 11, 2017.

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On March 21, 2017, Plaintiff’s counsel filed a written response to the Court’s show cause

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order. (Doc. 15). Counsel represents that he did not appear at the scheduling conference because

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on the day of the conference he was experiencing significant health problems and debilitating side

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effects from his prescription medication.

Counsel further explained that since missing the

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scheduling conference he has returned to his cardiologist who has adjusted the dosage of his

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medication.

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On April 11, 2017, the Court conducted an Order to Show Cause hearing. Counsel for

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Plaintiff appeared in person. Pro se Defendant Thomas Schroeder appeared telephonically on his

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own behalf. At the show cause hearing, Plaintiff’s counsel reiterated that while his health

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symptoms prevented him from timely appearing at the initial scheduling conference, his wife and

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another attorney have agreed to assist him in monitoring his future obligations in this case.

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The Court later inquired about the status of the case. In response, Defendant Thomas

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Schroeder represented to the Court that he is in the process of retaining counsel to represent him

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and the related revocable living trust. Based on Defendant’s representation, the Court continued

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the scheduling conference so that counsel for Defendant could substitute into the case.

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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

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DISCHARGED and no sanctions will be imposed;

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2. The INITIAL SCHEDULING CONFERENCE is CONTINUED to May 9, 2017 at

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9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.

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Each party may appear telephonically at the scheduling conference using the following

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dial-in number and passcode: dial-in number 1-877-411-9748; passcode: 3190866.

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3. By no later than May 2, 2017, the parties shall file an amended JOINT Scheduling

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Conference Report listing proposed discovery and trial dates.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 11, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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