State Farm General Insurance Company v. Broan-NuTone LLC

Filing 24

ORDER DISCHARGING ORDER TO SHOW CAUSE (ECF NO. 20 ), signed by Magistrate Judge Michael J. Seng on 11/29/2017. (Bernacchi, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STATE FARM GENERAL
INSURANCE COMPANY,

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Plaintiff,

Case No. 1:17-cv-00611-DAD-MJS
ORDER DISCHARGING ORDER TO SHOW
CAUSE

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v.

(ECF NO. 20)

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BROAN-NUTONE LLC,
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Defendant.
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Defendants initiated this action on April 28, 2017 with the filing of a notice of
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removal of the action from state court. (ECF No. 1.) On May 1, 2017, Plaintiff’s counsel,
Robin Genchel, was directed to register for the Court’s electronic case management and

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electronic case filing system, CM/ECF. (ECF No. 6.) The notice requiring such
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registration was mailed to counsel’s address of record. It subsequently was returned as

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undeliverable on May 15, 2017.
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On November 16, 2017, the Court ordered Plaintiff’s counsel to show cause why

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she should not be sanctioned for failure to obey Local Rules requiring her to register for
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CM/ECF and apprise the Court of her current address. (ECF No. 20.) Counsel timely
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responded on November 29, 2017. (ECF No. 21.)
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In her declaration, Counsel states that she has now registered for CM/ECF and
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has provided the Court with her current address. Additionally, however, she contends

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that she is not, in fact, attorney of record for Plaintiff, but merely assisting true lead

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counsel, attorney David B. Pillemer of the same firm.

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Regardless of the division of labor within her firm, counsel is shown on the docket

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as “Lead Attorney/Attorney to be Noticed” and will remain such, with all attendant

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responsibilities, unless and until that designation is changed. Counsel is invited to visit

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the Court’s website for direction on accomplishing any such change.

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Nevertheless, the Court finds counsel’s declaration and actions following the

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show cause order sufficient to excuse her failure to follow court rules. Therefore, the

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order to show cause is HEREBY DISCHARGED.

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IT IS SO ORDERED.
Dated:

November 29, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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