Camarena et al v. C R Bard Incorporated, et al.

Filing 34

ORDER DISCHARGING 25 31 Orders to Show Cause signed by Magistrate Judge Barbara A. McAuliffe on 9/11/2020. (Sant Agata, S)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 JUSTO CAMARENA, JR., et al., 8 9 10 11 Case No. 1:20-cv-00441-DAD-BAM Plaintiffs, ORDER DISCHARGING ORDERS TO SHOW CAUSE v. (Doc. Nos. 25, 31.) C R BARD INCORPORATED, et al., Defendants. 12 13 On March 26, 2020, this case was transferred to this Court from the United States 14 District Court for the District of Arizona. (Doc. No. 6.) On July 22, 2020, counsel Steven 15 Schulte appeared at the Initial Scheduling Conference on behalf of Plaintiffs. (Doc. No. 23.) 16 However, a review of the docket and Court records indicated that Mr. Schulte had not 17 submitted a Petition by Attorney for Admission to Practice before the Eastern District or filed 18 an application for admission to practice pro hac vice despite appearing and participating in this 19 matter on Plaintiffs’ behalf. See Local Rule 180. Additionally, no information regarding 20 whether Mr. Schulte is a member of the State Bar of California had been provided. 21 Accordingly, on July 22, 2020, the Court issued an order to show cause why sanctions 22 should not be imposed for Steven Schulte’s failure to comply with the Local Rules and possible 23 unauthorized practice of law before the Court. (Doc. No. 25.) Mr. Schulte was permitted to 24 comply with the order by submitting a Petition by Attorney for Admission to Practice before 25 the Eastern District or filing an application for admission to practice pro hac vice and paying 26 the applicable fee and by registering for CM/ECF. (Id.) Mr. Schulte did not file a written 27 response, seek admission to practice before the Court, or otherwise respond to the Court’s July 28 1 1 22, 2020 order to show cause. 2 Accordingly, on September 10, 2020, the Court issued an order to show cause requiring 3 Mr. Schulte to appear before the Court via Zoom and show cause why monetary sanctions 4 should not be imposed and/or this action should not be dismissed for failure to comply with the 5 Local Rules, possible unauthorized practice of law before the Court, and failure to comply with 6 the Court’s order. (Doc. No. 31.) Mr. Schulte was again permitted to comply with the order by 7 submitting a Petition by Attorney for Admission to Practice before the Eastern District or filing 8 an application for admission to practice pro hac vice. (Id.) 9 On September 10, 2020, Mr. Schulte filed an application for admission pro hac vice, 10 paid the applicable fee, and registered for CM/ECF. (Doc. No. 32.) The Court issued an order 11 granting Mr. Schulte’s pro hac vice application on September 11, 2020. (Doc. No. 33) In light 12 of Mr. Schulte’s pro hac vice application, the Court will discharge the orders to show cause 13 issued on July 22, 2020, and September 10, 2020. The Court has expended unnecessary effort 14 to get Mr. Schulte to comply. Counsel is admonished against future wasting of judicial 15 resources. 16 Accordingly, IT IS HEREBY ORDERED that the Court’s Orders to Show Cause issued 17 July 22, 2020 (Doc. No. 25) and September 10, 2020 (Doc. No. 31) are HEREBY 18 DISCHARGED. No sanctions will be imposed and counsel is not required to appear before the 19 Court on September 29, 2020. 20 21 22 IT IS SO ORDERED. Dated: /s/ Barbara September 11, 2020 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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