Sykes v. Athannasious et al

Filing 134

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/7/2016 ORDERING, within 7 days, Mr. Reager shall show cause in writing why he failed to appear at the 3/3/2016 hearing and why this court should not impose monetary sanctions on h im for his failure to appear. Mr. Reager is further ordered, within the above time frame, to inform the court as to whether defendants Athannasious, Bick, and Weiland anticipate filing a motion for summary judgment in this case, and if so, to show cause why this motion could not be filed within the next sixty days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILTON SYKES,

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No. 2:12-cv-2570 TLN KJN P

Plaintiff,
v.

ORDER TO SHOW CAUSE

ATHANNASIOUS, et al.,
Defendants.

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On February 2, 2016, plaintiff’s court-appointed counsel filed a motion for leave to

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withdraw as attorney of record. (ECF No. 127.) The motion was set for hearing before the

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undersigned on March 3, 2016, at 10:00 a.m., in Courtroom 25.

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At the hearing on March 3, 2016, Rebecca Ihejirika appeared on her own behalf, Drew

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Larson appeared on behalf of defendant Khaira, and plaintiff Milton Sykes appeared by phone.

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Mr. Reager, counsel for defendants Athannasious, Bick, and Weiland, failed to appear.

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During the hearing, the parties discussed the pre-trial motion deadline, which is currently

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set for July 1, 2016. Mr. Reager is advised that the court is considering advancing the pre-trial

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motion deadline in light of the time constraints facing plaintiff’s pro bono counsel, who has

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agreed to remain in the case through the resolution of any motions for summary judgment. Mr.

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Larson has indicated that defendant Khaira is prepared to file a motion for summary judgment

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within the next thirty to sixty days. However, due to Mr. Reager’s failure to appear at the
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hearing, the court remains uninformed as to whether defendants Athannasious, Bick, and Weiland

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will be able to file their summary judgment motion within this time frame, assuming that they

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intend to file such a motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Mr. Reager, shall within seven (7) days after the filing date of this order, show cause in

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writing why he failed to appear at the March 3, 2016 hearing and why this court should

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not impose monetary sanctions on him for his failure to appear.

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2. Mr. Reager is further ordered, within the above time frame, to inform the court as to
whether defendants Athannasious, Bick, and Weiland anticipate filing a motion for

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summary judgment in this case, and if so, to show cause why this motion could not be

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filed within the next sixty days.

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Dated: March 7, 2016

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/syke2570.osc.AG

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