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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 STATE FARM GENERAL INSURANCE COMPANY, 10 Plaintiff, Case No. 1:17-cv-00611-DAD-MJS ORDER DISCHARGING ORDER TO SHOW CAUSE 11 v. (ECF NO. 20) 12 BROAN-NUTONE LLC, 13 Defendant. 14 15 16 17 Defendants initiated this action on April 28, 2017 with the filing of a notice of 18 19 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 20 electronic case filing system, CM/ECF. (ECF No. 6.) The notice requiring such 21 registration was mailed to counsel’s address of record. It subsequently was returned as 22 undeliverable on May 15, 2017. 23 On November 16, 2017, the Court ordered Plaintiff’s counsel to show cause why 24 she should not be sanctioned for failure to obey Local Rules requiring her to register for 25 CM/ECF and apprise the Court of her current address. (ECF No. 20.) Counsel timely 26 responded on November 29, 2017. (ECF No. 21.) 27 In her declaration, Counsel states that she has now registered for CM/ECF and 28 1 has provided the Court with her current address. Additionally, however, she contends 2 that she is not, in fact, attorney of record for Plaintiff, but merely assisting true lead 3 counsel, attorney David B. Pillemer of the same firm. 4 Regardless of the division of labor within her firm, counsel is shown on the docket 5 as “Lead Attorney/Attorney to be Noticed” and will remain such, with all attendant 6 responsibilities, unless and until that designation is changed. Counsel is invited to visit 7 the Court’s website for direction on accomplishing any such change. 8 Nevertheless, the Court finds counsel’s declaration and actions following the 9 show cause order sufficient to excuse her failure to follow court rules. Therefore, the 10 order to show cause is HEREBY DISCHARGED. 11 12 13 IT IS SO ORDERED. Dated: November 29, 2017 /s/ 14 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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