Lindsay v. Fryson, et al
ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 5/15/15 ORDERING that no later than 5/22/2015, defendant shall show cause in writing why she should not be sanctioned for failure to appear at the court-ordered settlemen t conference. Defendant's counsel is cautioned that the court may impose monetary sanctions against counsel if defendant's reason for failing to appear is that defendant's counsel told her that her appearance was not mandatory. No l ater than 5/29/2015, plaintiff may, but need not, file a reply to defendant's response to the order to show cause. No later than 5/29/2015, plaintiff shall file a brief statement indicating whether he still wishes to pursue the case or whether he has reached an agreement with defendant to dismiss the case with each side to pay its own costs and attorneys' fees. Upon resolution of the order to show cause, a potential further settlement conference may be scheduled, if necessary. (Kastilahn, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:10-cv-2842-KJM-KJN PS
ORDER TO SHOW CAUSE
On April 7, 2015, the district judge issued an order setting a settlement conference before
the undersigned on May 15, 2015, at 9:00 a.m. (ECF No. 108.) Local Rule 270 provides, in part,
that: “In actions in which the United States is not a party, and unless specifically permitted
otherwise by the Judge or Magistrate Judge conducting the settlement conference, counsel shall
be accompanied in person by a person capable of disposition, or shall be fully authorized to settle
the matter at the settlement conference on any terms.” E.D. Cal. L.R. 270(f)(1). At the May 15,
2015 settlement conference, plaintiff Christopher Lindsay appeared representing himself, and
attorney Brian Wanerman appeared on behalf of defendant Yolanda Fryson. (ECF No. 112.)
However, without permission of the court, defendant Yolanda Fryson failed to appear at the
settlement conference, and Mr. Wanerman was not fully authorized to settle the matter at the
settlement conference on any terms. (Id.) Mr. Wanerman represented to the court that he had
informed defendant of the date and time of the settlement conference, but that there may have
been some confusion as to whether defendant was told that her appearance was mandatory or
would merely be to her benefit.
Accordingly, and for the reasons discussed on the record at the settlement conference
proceedings, IT IS HEREBY ORDERED that:
1. No later than May 22, 2015, defendant shall show cause in writing why she should not
be sanctioned for failure to appear at the court-ordered settlement conference. As part
of the response to the order to show cause, defendant herself shall file a declaration
under penalty of perjury addressing the following issues: (a) her reasons for failure to
appear at the settlement conference, (b) whether she is presently employed and
whether she was working on the date of the settlement conference, and (c) her present
living arrangements (i.e., whether she owns a home, rents, or lives with others).
2. Defendant’s counsel is cautioned that the court may impose monetary sanctions
against counsel if defendant’s reason for failing to appear is that defendant’s counsel
told her that her appearance was not mandatory.
3. No later than May 29, 2015, plaintiff may, but need not, file a reply to defendant’s
response to the order to show cause. In such reply, plaintiff may include a discussion
of any costs and expenses, including time off work, plaintiff may have incurred related
to defendant’s failure to appear at the settlement conference.
4. No later than May 29, 2015, plaintiff shall file a brief statement indicating whether he
still wishes to pursue the case or whether he has reached an agreement with defendant
to dismiss the case with each side to pay its own costs and attorneys’ fees.
5. Upon resolution of the order to show cause, a potential further settlement conference
may be scheduled, if necessary.
IT IS SO ORDERED.
Dated: May 15, 2015
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