Johnson v. Zarakani et al

Filing 35

ORDER and ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/27/2015 GRANTING 26 Motion to Withdraw as Attorney with the caveat that he first file by 3/27/2015 at 05:00 PM, a statement regarding the information he has with respec t to the addresses of Bruce Nielson, Saeed Zarakani, and Mardan, Inc.; ORDERING Defendant Saeed Zarakini to show cause in writing within 14 days; why he failed to appear and why he failed to provide the court with a writte n statement informing the court of defendants substitution of counsel efforts despite being ordered by the court to do so; ORDERING Attorney Bruce Nielson to show cause in writing within 14 days, why he failed to appear at the status conference despite being ordered by the court to do so and previously representing himself as defendants attorney in the 28 Stipulation for Dismissal and why Defendant Mardan, Inc.'s 6 Answer should not be stricken from the record; WARNING the parties that a failure to comply with this order may result in monetary sanctions or any other appropriate sanctions. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

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No. 2:14-cv-0696-MCE-KJN

ORDER AND

v.
SAEED ZARAKANI, et al.,

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ORDER TO SHOW CAUSE

Defendants.

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On February 20, 2015, the undersigned issued an order setting this case for a status

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conference to address defendant’s apparent efforts to substitute out current counsel of record

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William Bernheim and substitute in attorney Bruce Nielson. (ECF No. 24.) In this order, the

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undersigned directed then-defendant Saeed Zarakani1 and defendant’s purported incoming

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counsel Bruce Nielson to appear at the status conference.
The status conference set by the February 20, 2015 order was held on March 26, 2015.

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Also before the court was William Bernheim’s motion to withdraw as defendant’s attorney. (ECF

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No. 26.) Attorney Raymond Ballister appeared on behalf of plaintiff. Attorney William

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Bernheim appeared on behalf of defendant and on his own behalf. Saeed Zarakani and Bruce

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Saeed Zarakani was dismissed from this case without prejudice by stipulation approved by the
presiding district judge on March 11, 2015. (ECF Nos. 28, 30.) However, Mr. Zarakani is also
the only known representative of the remaining defendant Mardan, Inc.
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Neilson failed to appear despite the court’s order to do so.

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For the reasons discussed on the record during the conference, it is HEREBY ORDERED
that:

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1.

William Bernheim’s motion to withdraw as defendant’s attorney (ECF No. 26) is

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GRANTED with the caveat that he first file a statement regarding the information he has with

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respect to the addresses of Bruce Nielson, Saeed Zarakani, and Mardan, Inc. by no later than 5:00

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p.m. on Friday, March 27, 2015. Once Mr. Bernheim makes such a filing, his motion to

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withdraw is granted and he will be relieved of his duty as defendant’s counsel. Consequently,

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defendant Mardan, Inc. will then be proceeding in this matter without representation of counsel.

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2.

Within 14 days of this order, Saeed Zarakani shall show cause in writing why he

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failed to appear at the status conference and why he failed to provide the court with a written

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statement informing the court of defendant’s substitution of counsel efforts despite being ordered

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by the court to do so. Failure to comply with this order may result in monetary sanctions or

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any other appropriate sanctions.

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3.

Within 14 days of this order, Bruce Nielson shall show cause in writing why he

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failed to appear at the status conference despite being ordered by the court to do so and previously

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representing himself as defendants’ attorney in the stipulation to dismiss Saeed Zarakani from this

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case. In the same timeframe, Mr. Neilson shall also show cause in writing why defendant

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Mardan, Inc.’s answer (ECF No. 6) should not be stricken from the record.2 Failure to comply

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with this order may result in monetary sanctions or any other appropriate sanctions.

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As the undersigned noted on the record at the status conference, plaintiff’s counsel is
encouraged to contact Bruce Nielson to determine whether he still is seeking to represent
defendant in this matter and, if so, whether settlement of this action is desirable.
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The Clerk of Court is directed to mail this order to Saeed Zarakani, 1650 Gold

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Rush Way, Penryn, CA 95663; Mardan, Inc., 2449 Northgate Boulevard, Sacramento, CA 95833;

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and Bruce Nielson, 7108 North Fresno Street, Ste. #190, Fresno, CA 93720.

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IT IS SO ORDERED.
Dated: March 27, 2015

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