Vong v. Bank of America, N.A.

Filing 24

ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 5/13/2013 ORDERING Vicki St. John, counsel for Plaintiff, to SHOW CAUSE why she should not be sanctioned $300 for her failure to appear and why she should not be required to reimburse defendant for the cost of its attorney's appearance at the hearing. The 8 Motion to Dismiss is SUBMITTED on the papers. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KOSAL VONG, an individual,
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Plaintiff,

NO. CIV. S-12-2860 LKK/DAD

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v.
O R D E R

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BANK OF AMERICA, N.A.,
(for itself and as the
successor to COUNTRYWIDE
HOME LOANS, INC., d/b/a
America's Wholesale Lender,
Inc., and as successor to
BAC Home Loans Servicing, LP);
and DOES 1 through 100,
inclusive,

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Defendants.
/

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On May 13, 2013, defendant’s motion to dismiss came on for

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hearing

on

the

court’s

regular

Law

and

Motion

Calendar.

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Plaintiff’s counsel, Vicki St. John, without any notice to the

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court, failed to appear at the hearing.

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appeared for the hearing, apparently never having been notified

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that plaintiff’s counsel would not appear.

Defendant’s counsel

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Accordingly, plaintiff’s counsel is ORDERED to show cause why

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she should not be sanctioned $300 for her failure to appear, and
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why she should not be required to reimburse defendant for the cost

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of its attorney’s appearance at the hearing.

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230(i) (sanctions authorized for failure to appear at hearing on

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noticed motion).

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See E.D. Cal. R.

The court notes that this is the second OSC to issue against

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plaintiff’s counsel relating to this dismissal motion.

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OSC was discharged based upon the detailed representations of

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plaintiff’s

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emergencies.”

counsel

that

she

was

“distracted

The first

by

family

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The motion to dismiss (ECF No. 8), is SUBMITTED on the papers.

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IT IS SO ORDERED.

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DATED:

May 13, 2013.

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