E Clampus Vitus v. Steiner et al

Filing 31

ORDER signed by Judge Garland E. Burrell, Jr on 2/28/2013 VACATING 23 Order to Show Cause and CONTINUING Status Conference to 5/13/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Sanctions will not be imposed. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E CLAMPUS VITUS,
Plaintiff,

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v.

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DAVID L. STEINER, THOMAS PEAK,
JOHN MOORE, KARL DODGE, JOSEPH
ZUMWALT CHAPTER 169 E CLAMPUS
VITUS, and DOES 1 through 50,

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Defendants.
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2:12-cv-01381-GEB-GGH
ORDER DISCHARGING ORDER TO
SHOW CAUSE; ORDER CONTINUING
STATUS (PRETRIAL SCHEDULING)
CONFERENCE

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Plaintiff was Ordered to Show Cause (“OSC”) in a writing to be

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filed no later than February 11, 2013, why it and/or its counsel should

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not be sanctioned six hundred dollars ($600.00) for twice failing to

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participate in filing a timely joint status report and failing to

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respond to the January 23, 2013 OSC. (ECF No. 23.) Plaintiff’s former

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counsel filed a Declaration in response to the OSC, in which he avers,

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in part, as follows:

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4.
The failure to file and consult is
completely my fault. As a result of recent medical
and other issues of both myself and my staff, I
came to realize that I was not going to be able to
continue with this case and notified counsel for
the Plaintiff on the 23rd that I ws going to be
withdrawing.
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I advised the client and new counsel has
been retained.

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(Decl. of Matthew V. Brady ¶¶ 4-5, ECF No. 24.)

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In light of these representations, a sanction will not be

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imposed. Therefore, Mr. Brady’s request for a hearing is unnecessary,

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and no hearing is scheduled.

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Further, the Joint Status Report filed February 19, 2013,

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reveals this case is not ready to be scheduled. Therefore, the Status

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(Pretrial Scheduling) Conference scheduled for hearing on March 4, 2013,

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is continued to May 13, 2013, at 9:00 a.m. A further joint status report

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shall be filed no later than fourteen (14) days prior to the Status

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Conference in which the parties shall address all pertinent subjects set

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forth in Local Rule 240; the parties may not simply refer the Court to

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a previously filed status report.

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Dated:

February 28, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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