Johnson v. Algazali et al

Filing 15

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 2/9/12. Attorney Michael David Welch shall show cause in writing on or before 2/20/2012 as to why he should not be sanctioned for failing to appear at the 2/9/12 status conference. A further Status Conference is set for 2/23/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Joint Status Report due on or before 2/20/2012. (Manzer, C)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SCOTT N. JOHNSON,

11

Plaintiff,

12
13
14

No. 2:11-cv-02472 KJN

v.
NAGEB ABDO ALGAZALI, doing
business as SHEBA LIQUORS;
JOANNE R. SANCHEZ,

15

Defendants.

ORDER and ORDER TO SHOW CAUSE
/

16
This case was filed on September 16, 2011. (Dkt. No. 1.)1 On December 6, 2011,

17
18

United States District Judge Garland E. Burrell, Jr., issued an order reassigning this case to the

19

undersigned for all purposes, including trial. (Dkt. No. 9 (citing E. Dist. Local Rule 305).)

20

A Status (Pretrial Scheduling) Conference was scheduled to take place before the

21

undersigned on February 9, 2012. (Dkt. No. 10.) In anticipation of the conference, attorneys for

22

both parties timely filed Status Reports on February 2, 2012. (Dkt. Nos. 11-12.) Within their

23

Status Reports, neither party asked that the conference be continued.

24
1

25
26

This matter proceeds before the undersigned as a result of the parties’ voluntary consent
to the jurisdiction of the undersigned for all proceedings in this case, including trial and entry of final
judgment, and an order entered December 6, 2011 (Dkt. No. 9). See 28 U.S.C. § 636(c)(1); Fed. R.
Civ. P. 73; E. Dist. Local Rules 301, 305.
1

1

The afternoon before the conference, plaintiff filed a Request for Continuance of

2

the Status Conference asking that the status conference be continued for 90 days. (Dkt. No. 13.)

3

The grounds for plaintiff’s request are: (1) plaintiff’s having just returned from vacation; (2)

4

plaintiff’s desire to file a First Amended Complaint “which will result in a change of

5

defendants;” and (3) plaintiff’s unsuccessful attempts to communicate with defendants’ counsel

6

and his belief that counsel is leaving the country “today or tomorrow.” (Id.)

7

Given the late hour of plaintiff’s request for a continuance and the nature of the

8

reasons motivating the request, the undersigned called this matter for a status conference as

9

scheduled on February 9, 2012. Plaintiff appeared late for the conference. However, defendants’

10

counsel, Michael David Welch, failed to appear at all, and provided no reason for such failure.

11

At the conference, the undersigned asked plaintiff whether he presently had the

12

information that would allow him to file an amended pleading naming new or additional

13

defendants. Plaintiff responded that he did not yet have this information, but anticipated

14

receiving it from defense counsel.

15

Accordingly, IT IS HEREBY ORDERED that:

16

1.

Defendant’s counsel, Michael David Welch, shall show cause in writing,

17

on or before February 20, 2012, why he should not be sanctioned for failing to appear at the

18

status conference on February 9, 2012. Defendants and their counsel are reminded that the

19

“[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may

20

be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

21

within the inherent power of the Court.” E. Dist. Local Rule 110.

22

2.

A further Status Conference shall be held before the undersigned on

23

February 23, 2012, at 10:00 a.m., in Courtroom 25. Counsel for all parties should be prepared

24

to address whether all necessary parties have been named in this case and whether additional

25

defendants should be added, as well as whether and when plaintiff will file a First Amended

26

Complaint to add such defendants. On or before February 20, 2012, the parties shall file a Joint
2

1
2
3

Status Report addressing these specific issues.
IT IS SO ORDERED.
DATED: February 9, 2012

4
5
6

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3