Natomas Gardens Investment Group LLC et al v. Sinadinos et al

Filing 342

ORDER signed by Senior Judge Lawrence K. Karlton on 8/16/11 ORDERING Mr. Wanland to SHOW CAUSE 8/29/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton, why he should not be sanctioned in theamount of $150.00 for failin g to file the required waiver or statement in a timely manner. Mr. Wanland SHALL appear at the hearing on August 29, 2011 to show cause, and shall be accompanied by his client, Mr. Deane. Failure of Mr. Wanland or Mr. Deane to appear at the hearing may result in a finding that Mr. Wanland is in contempt of court, even if the required waiver or statement is filed before the hearing. Waiver or a statement that the waiver is not forthcoming due by 8/22/2011. The waiver shall explicitly acknowledge in words not by reference to or incorporation of another document thatMr. Wanland is a criminal defendant in a case before this judge, and the waiver shall be signed by Mr. Deane. (Meuleman, A) Modified on 8/17/2011 (Meuleman, A).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATOMAS GARDENS INVESTMENT
GROUP LLC, a California
limited liability company,
ORCHARD PARK DEVELOPMENT
LLC, a California limited
liability company,

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NO. CIV. S-08-2308 LKK/EFB
Plaintiffs,

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v.
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O R D E R
JOHN G. SINADINOS, et al.,

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Defendants.
/

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On July 25, 2011, this court ordered counsel for defendant

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Larry Deane to “file Mr. Deane’s waiver of any objection regarding

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his representation in this case by Donald M. Wanland, Jr., Esq.,

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a criminal defendant in another matter before this judge, or a

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statement stating that no waiver is forthcoming.”

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On August 4, 2011, the court issued an order clarifying that the

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waiver or statement was to be filed “no later than seven (7) days

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from the date of this Order.”

Dkt. No. 339.
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Dkt. No. 337.

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Counsel for Mr. Deane has not filed the required waiver, nor
a statement indicating that no waiver is forthcoming.

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Counsel has instead filed a document signed by himself – not

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by Mr. Deane – stating that Mr. Deane “waives any objection

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regarding Donald M. Wanland, Jr.’s representation in this case

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pursuant to this Court’s Order entered August 4, 2011, Docket

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No. 339.”

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Dkt. No. 340.

Accordingly, the court ORDERS as follows:

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[1] Mr. Wanland is ORDERED TO SHOW CAUSE on Monday,

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August 29, 2011 at 10:00am at this court’s Law and

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Motion Calendar, why he should not be sanctioned in the

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amount of $150.00 for failing to file the required

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waiver or statement in a timely manner.

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SHALL appear at the hearing on August 29, 2011 to show

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cause, and shall be accompanied by his client, Mr.

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Deane.

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[2] Failure of Mr. Wanland or Mr. Deane to appear at the

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hearing may result in a finding that Mr. Wanland is in

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contempt

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statement is filed before the hearing.

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[3] Mr. Wanland shall file with this court no later than

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August 22, 2011 at 2:00pm, either the required waiver,

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or a statement that the waiver is not forthcoming.

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waiver shall explicitly acknowledge in words – not by

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reference to or incorporation of another document – that

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Mr. Wanland is a criminal defendant in a case before

of

court,

even

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if

the

required

Mr. Wanland

waiver

or

The

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this judge, and the waiver shall be signed by Mr. Deane.

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IT IS SO ORDERED.

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DATED:

August 16, 2011.

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