Clear Recon Corp. v. All Claimants to Surplus Funds
Filing
22
ORDER VACATING SETTLEMENT CONFERENCE; ORDER to Rachael Rodriguez to SHOW CAUSE Why Sanctions Should Not Be Imposed for Her Failure to Comply with the Court's Orders, signed by Magistrate Judge Jennifer L. Thurston on 7/13/2017. Show Cause Response due by 7/21/2017. (Hall, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
17
)
)
Plaintiff,
)
)
v.
)
ALL CLAIMANTS TO SURPLUS
)
FUNDSAFTER A TRUSTEE’S SALE OF
)
THE REAL PROPERTY LOCATED AT
)
9903 CHEYENNE DRIVE, BAKERSFIELD,
)
CA 93312,
)
Defendants.
)
Case No.: 1:16-cv-01837 DAD JLT
CLEAR RECON CORP,
ORDER VACATING SETTLEMENT
CONFERENCE; ORDER TO RACHAEL
RODRIGUEZ TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED FOR
HER FAILURE TO COMPLY WITH THE
COURT’S ORDERS.
On March 3, 2017, the Court issued a scheduling order in this case. (Doc. 13) At that time, the
18
19
Court set a settlement conference for July 14, 2017 and ordered the parties to lodge settlement
20
conference statements at least five days before the conference. (Doc. 13 at 6) When this did not occur,
21
the Court issued a minute order giving the parties until 5:00 p.m. on July 12, 2017 to do so. (Doc. 18)
22
Despite having been discharged from this case1, Clear Recon lodged a statement as did the United
23
States of America. However, claimant/defendant Rachael Rodriguez has failed to do so. Instead, her
24
attorney merely sought permission to allow him and his client to appear by telephone at the
25
conference.2
26
27
28
1
The court has noted previously that Clear Recon was discharged from this action. (Doc. 13, at 1 n.1) Clear Recon is
not required to further participate in this action (Doc. 11 at 2; Doc. 12)
2
Counsel offers no explanation why he should not have to appear at the settlement conference. The Court infers that
he feels that this is appropriate merely because he lives in Washington. However, presumably he was aware of the
1
1
From review of the statement filed by the United States, it appears there is no one available with
2
which the government may settle the case and, given her absolute failure to comply with the Court’s
3
orders, the Court has no reason to believe that Ms. Rodriguez believes she has a legitimate claim to the
4
funds. Moreover, in light of the recently filed request to appear by telephone, it is apparent that neither
5
she nor her attorney intends to appear at tomorrow’s conference. Thus, the Court ORDERS:
6
1.
The settlement conference, set on July 14, 2017, is VACATED;
7
2.
No later than July 21, 2017, claimant/defendant Rachael Rodriguez SHALL show
8
cause in writing why sanctions, up to and including striking her claim and the Court entering default
9
against her, should not be imposed for her failure to comply with the Court’s orders. Alternatively, she
10
may file a notice of the abandonment of her claim.
11
12
13
14
IT IS SO ORDERED.
Dated:
July 13, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
27
28
venue of this case at the time he accepted the representation. The Court would have to be advised of extreme
circumstances—not including mere inconvenience or travel costs of counsel—for the Court to excuse an attorney’s
attendance at a settlement conference. In the event that Ms. Rodriguez intends to pursue her claim, the Court will
immediately re-set the settlement conference and her counsel is advised that a further unsupported request for him to
be excused from attending the conference will be summarily denied (Doc. 13 at 5).
2
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?